TODAY’S SPECIAL: Sign up for our mailing list and receive 10% off your next order.
Terms & Conditions

Terms & Conditions

Effective Date: July 1, 2017

These Terms of Use (“Terms”) are a legal agreement between you and AIVITA Biomedical (“AIVITA”) that governs your use of the website found at http://www.abmskincare.com and any services provided through the Site (collectively, the “Site”).  Your access to the Site is conditioned upon your acceptance of these Terms and you should not use the Site if you do not agree to these Terms.  THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY; see Sections 4, 5, and 10 through 17.

By accessing the Site, you authorize the collection of information about you, computers and devices used to access the Site, your use of the Site, Site performance, and the use, transmission, processing, and storage of that information as described in the Site’s Privacy Policy available at abmskincare.com/privacy.

If you use the Site to purchase products, your use of the Site is also governed by any additional terms provided to you or presented when you use the Site to purchase products (“Additional Terms“).  If there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.

  1. Eligibility.  You must be 18 years of age or older to use the Site.  By using the Site, you certify that you are 18 years of age or older.
  2. Account Registration.  You may be required to register for a user account (“Account”) to access certain features of the Site.  If you register or apply for an Account, you must provide AIVITA with current, complete, and accurate information.  You must keep your log-in information confidential and not authorize any third party to use it or your Account.  You agree that AIVITA may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account.  You must notify AIVITA immediately if you suspect any unauthorized use of your Account or any other breach of security.  Depending on your Account status or other criteria, your Account may not have full access to the Site.  You agree not to attempt to access any restricted portions of the Site
  3. Acceptable Use of Site and Content.
    1. You may view the Site and all information, materials, and other content included on or through the Site (collectively, “Content“) on your device.
    2. You may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, created derivative works of, exploit, sublicense, or otherwise assign the Content to any third party.  Nor may you communicate the Content to the public, remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content.  You agree not to frame, or assist third parties in framing or linking into, any of the pages contained on the Site.  You further agree not to use the Site or Content in any way that suggests you are a representative of AIVITA, and not use the Site or Content as a platform for external applications.  The Site and Content may not be used to develop applications, services, websites, or any other functionalities that leverage the Site or Content.  Regardless of the location from where the Site is used or accessed, you agree to comply with all U.S. laws as well as all other applicable laws, regulations, statutes and ordinances in connection with the use of the Site and Content.  You may not use the Site and Content for anything other than a lawful and legitimate purpose. Examples of purposes that are not lawful and legitimate include: (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the Site in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity. In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, “interfere,” and “interference” has a correlative meaning) with the proper functioning the Site, the Content, or AIVITA’S information systems. Your interference with the Site, the Content, or AIVITA’s information systems is a material breach of these Terms and relieves AIVITA of any contractual or other legal obligations to you, including AIVITA’s obligations under this and any agreement between you and AIVITA. AIVITA will cooperate with the authorities in prosecuting anyone who interferes with the Site, the Content, or AIVITA’s information systems; or attempts to defraud any person through the utilization of the Site or the Content.  YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE’S PRIVACY OR SECURITY MEASURES.  Use of the Site or Content for any purpose other than what is permitted in this Section is prohibited.
  4. Third-Party Websites, Products, and Services.
    1. You may need to obtain additional products or services in order to use the Site, such as a device, internet access, or a data connection.  You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).  AIVITA does not endorse or sponsor any third-party products or services and does not have control over such products or services.  AIVITA is not responsible for any malfunction or error attributable to your use of a third-party product or service.
    2. The Site may contain links or references to third-party web sites or other embedded resources (collectively, “Linked Properties“). Linked Properties may have their own terms of use, which AIVITA does not control. AIVITA does not monitor, endorse, or guarantee, and has no responsibility for, Linked Properties or any transactions or information you may undertake or receive from Linked Properties.  If you have a specific dispute or concern related to the content, products, or services in Linked Properties, you should contact the owner of the Linked Property and not AIVITA.
  5. Availability. You may access the Site if and when it is available.  AIVITA does not guarantee availability of the Site or Content.  The Site may occasionally be down for service, upgrades, and for other reasons.  To the maximum extent authorized under applicable law, AIVITA reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site and Content at any time and without notice.
  6. Site Support.  AIVITA has no obligation to provide any support in relation to the Site or Content.
  7. User Content.
    1. The Site may contain personal physician web pages, user profiles, and other interactive features that allow applicable users to post, upload, provide, or otherwise submit content on or through the Site.  AIVITA does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Content“).  You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content“) is submitted voluntarily and is not confidential or proprietary and that AIVITA will not treat it as such.  AIVITA does not claim ownership of User Content.  However, you grant to AIVITA and all other users who have access to Your Content through the Site or otherwise, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease, or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content.  AIVITA is under no obligation to post User Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time.  You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of AIVITA or any third party or violate any agreement with or policy of AIVITA or any applicable law.  If AIVITA suspects violations of the foregoing, AIVITA may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.  You are solely responsible for Your Content and any other User Content that you provide to AIVITA or make available through the Site, including its legality, reliability, accuracy, and appropriateness.
    2. All User Content must comply with the Content Standards (defined below).  You represent and warrant that all of Your Content and any other User Content that you provide to AIVITA or make available through the Site does and will comply with the Content Standards.
    3. AIVITA is not obligated to review User Content; however, you authorize AIVITA to screen, filter, restrict, block, move, refuse, modify, and remove User Content at any time in AIVITA’s discretion and without notice.  You also authorize AIVITA to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying and tracking User Content and violations of these Terms.
  8. Content Standards.  The content standards set forth in this Section (“Content Standards“) apply to any and all User Content submitted through your Account. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not, nor may your use of the Site in any way:
    1. Contain any material that is unlawful, fraudulent, untrue, stalking, libelous, defamatory, obscene, indecent, abusive, tortious, threatening, offensive, harassing, violent, hateful, harmful, inflammatory or otherwise objectionable as determined in AIVITA’s sole discretion.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    4. Contain any protected health information, as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, or identify any patient unless proper consent is acquired.
    5. Violate any applicable law or regulation or violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
    6. Be likely to deceive any person.
    7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    8. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    9. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    10. Advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, and securities fraud.
    11. Give the impression that User Content emanate from or are endorsed by us or any other person or entity, if this is not the case.
    12. Cause damage to AIVITA’s business, reputation, employees, facilities, or to any other person or legal entity.
    13. Intercept, collect, or store data about third parties without their knowledge or consent.
    14. Delete, tamper with, or revise content posted by any other user unless otherwise permitted.
    15. Access, tamper with, or use non-public areas of the Site.
    16. Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
    17. Attempt to access or search the Site or any network or system provided by AIVITA or used to operate the Site with any engine, software, tool, agent, device, or mechanism other than with software or search agents provided by AIVITA or generally available web browsers.
    18. Send or attempt to send unsolicited commercial messages, including promotions or advertisements for products or services, “spam,” “china mail,” or “junk mail.”
    19. Send altered, deceptive, or false source-identifying information.
    20. Involve excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end-user activities.
  9. Remedies and Corrective Action. 
    1. AIVITA reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms, and expressly reserves all rights and remedies available to AIVITA at law or in equity, including instituting legal action and cooperating with law enforcement authorities.  You agree to cooperate with AIVITA in investigating suspected violations of these Terms by you or others.  To the maximum extent authorized under applicable law, AIVITA reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site and the Content to you at any time and without notice.
    2. Without limiting the foregoing subpart (a), AIVITA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing AIVITA to disclose the identity or other information of anyone posting any materials on or through the Site.
  10. Medical Disclaimers. 
    1. The Site and the Content are for information and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients.  Neither the Site nor the Content is intended to be used for medical diagnosis or treatment, and AIVITA does not warrant or represent that the Content is appropriate or safe for your or your patient’s particular health needs.  By using the Site, you assume full responsibility for the use of the Content and agree that AIVITA is not responsible or liable for any claim, loss, or damage arising from the use of the Content.  AIVITA does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other Content that may be presented on the Site.  If you are a physician, you agree not to use the Site to advise, diagnose, or otherwise treat patients.
    2. The Content may describe products not approved or cleared for marketing in all regions, such as the U.S. (with the U.S. Food and Drug Administration) or Canada (with Health Canada).  You assume full responsibility for verifying the approval status in your region to ensure all applicable regulations have been met.
  11. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. AIVITA DOES NOT WARRANT THAT THE SITE OR CONTENT CONTAINS ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. AIVITA AND ITS AFFILIATES, SELLERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.  YOU MAY HAVE ATTITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.  IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT AIVITA’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH SECTIONS 12 AND 13 TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
  12. Disclaimer of Certain Damages.  IN NO EVENT WILL AIVITA OR ANY OF ITS AFFILIATES, SELLERS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITE, THE CONTENT, OR THESE TERMS, EVEN IF AIVITA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. Limitation of Liability and Exclusive Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 11 OR 12, AIVITA’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITE, THE CONTENT, OR THESE TERMS WILL BE THE $100.  THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE SITE OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
  14. IMPORTANT NOTICE REGARDING LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.  NOTHING IN THESE TERMS WILL BE INTERPERATED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED.  IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. 
  15. Independent Remedies.  The exclusion of damages under Section 12 is independent of your exclusive remedy in Section 13 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12 and 13 applies without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
  16. Indemnification. To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless AIVITA, its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise, relating to, arising from, or allegedly arising from (a) your use of the Site and the Content; (b) activities occurring under your Account; (c) any violation of these Terms; (d) Your Content; and (e) your violation of any other party’s rights or applicable law.
  17. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION.  You and we each agree that all claims, controversies, and disputes (“Disputes”) between you and AIVITA, including Disputes arising out of or related to the Site, the Content, or these Terms, will be resolved by binding arbitration by a single neutral arbitrator, provided, however, that the arbitration provision in this Section (“Arbitration Provision”) does not preclude you or AIVITA from asserting any claim that may be brought in small claims court arising out of any Disputes.  YOU ALSO ACKNOWLEDGE THAT YOU AND AIVITA ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE ANY DISPUTES. Unless you and AIVITA otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply.  You and AIVITA each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules.  YOU ALSO ACKNOWLEDGE THAT YOU AND AIVITA ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and AIVITA each agree that any challenges to the validity or enforceability of the class action waiver in this Arbitration Provision will be decided by a federal court (if you live in the United States) or a court of competent jurisdiction (if you live outside the United States) and not by an arbitrator.  If any court or arbitrator holds that the class action waiver in this Arbitration Provision is unenforceable, then the Dispute must be brought in a state or federal court (if you live in the United States) or a court o competent jurisdiction (if you live outside the United States) and not in arbitration.  You and AIVITA each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state (if you live in the United States) or country (if you live outside the United States) within 100 miles of where you live. You and AIVITA each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and AIVITA each are responsible for your or its respective costs relating to the arbitration, except that AIVITA will pay all arbitration administrative or filing fees, including the arbitrator fees, other than, in a Dispute in which you assert a claim against AIVITA, the amount of the fees that equals the then-applicable fee for filing a civil action in federal court for the judicial district in which you live (if you live in the United States) or a court of competent jurisdiction (if you live outside the United States), unless you demonstrate to the arbitrator that you would be entitled to file that civil action without payment of the then-applicable fee as provided by law. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for AIVITA in Section 23. You may opt out of this Arbitration Provision by mailing AIVITA written notice of your election to opt-out to the attention of AIVITA Legal Department at the address for listed in Section 23 within 45 days after the earlier of (i) Account registration, (ii) first use of the site or (iii) first date on which you access the Site or Services., expressly indicating that you are opting out of the Arbitration Provision and including your name and address, provided that your election will not be effective until it is received by AIVITA.  Your election to opt out of this Arbitration Provision will not otherwise affect your rights and obligations under these Terms.  You and AIVITA each also agree that these Terms affect interstate commerce so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 21).
  18. Changes to Terms. AIVITA reserves the right to change these Terms at any time upon notice to you which may be provided by updating these Terms on the Site.  You agree to periodically review these Terms for changes and you can review the most current Terms at any time at AIVITA.com/legal/terms.  Updated Terms are binding on you as of the effective date indicated in our notice.  Your continued use of the Site after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them.  If, at any time, you do not agree to the Terms, you should not use the Site.
  19. Feedback.  You have no obligation to—but may provide—suggestions, comments, or other feedback to AIVITA with respect to the Site or AIVITA’s products or services (“Feedback“).  You agree that all Feedback is given voluntarily and it is not and will not be treated as confidential even if you designate it as confidential.  You will not give Feedback that is subject to license terms that seek to require any AIVITA product, technology, service, or documentation incorporating or derived from Feedback, or any AIVITA intellectual property, to be licensed or otherwise shared with any third party.  AIVITA will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided to AIVITA through any manner or means, as it sees fit, entirely without obligation to you or restriction of any kind on account of intellectual property rights or otherwise.
  20. Reservation of Rights.
    1. Any and all rights, titles, interests, copyrights, or other intellectual property rights in the Site and the Content belong to AIVITA or its licensors and suppliers.  Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
    2. AIVITA’s trade name and the AIVITA logo are trademarks of AIVITA. AIVITA’s logos and trademarks that appear throughout the Site belong to AIVITA, its affiliates, or third-party trademark owners, and are protected by U.S. and international trademark laws. You may not display or use in any manner the AIVITA trademarks without AIVITA’s express prior written permission.
  21. Governing Law; Venue. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  California law will govern the interpretation of these Terms and applies to all claims under or for breach of these Terms or relating to the Site or Content (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement.
  22. General.  If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.  You and AIVITA intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law.  Accordingly, you and AIVITA agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.  Section titles are only for convenience and have no legal or contractual significance. AIVITA may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. AIVITA’S failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on AIVITA if it is in a written document signed by AIVITA.  Both you and AIVITA warrant to each other that, in entering these Terms, neither AIVITA nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms.  The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.  No one other than you and AIVITA, or AIVITA’s successors and permitted assigns, will have any right to enforce any of these Terms.
  23.  Notices.  AIVITA may give you all notices (including legal process) that AIVITA is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to AIVITA. You agree to provide current and accurate contact information to AIVITA and to check for notices posted on the Site. You agree to send AIVITA any notice (except for notices described in Section 24 below) by mailing it to:
    AIVITA Biomedical
    18301 Von Karman Ave., Suite 130
    Irvine, CA 92612
    Attention: Legal
  24. Notices for Claims of Copyright Violations and Agent for Notice.
    1. If you are a copyright owner and have a good faith belief that any material available on the Site infringes upon your copyrights, you may submit a copyright infringement notification to us pursuant to the Digital Millennium Copyright Act by providing AIVITA with the following information in writing:
      1. an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
      2. a description of the copyrighted work that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the Site, with enough detail that AIVITA may find it on the Site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
    2. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). AIVITA’s Agent for Notice of claims of copyright infringement can be reached as follows:

      By mail: AIVITA Biomedical
      18301 Von Karman Ave., Suite 130
      Irvine, CA 92612

      By email: [email protected]