TERMS OF USE

Cresilon – Terms of Use

Date Last Modified: Oct 3, 2024

This Site (Cresilon.com), as well as all associated sites (Vetigel.com; Traumagel.com) (collectively referred to as the “Site”) is operated by Cresilon, Inc. (“us/we/our”). “You/your” means you as a user of the Site. We offer this Site, including all information, functionality, products and services available from this Site to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Site. By accessing this Site, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand, please email any inquiry to info@cresilon.com. If at any time you do not agree to these Terms of Use, please do not use this Site. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

Uses of Our Site and Content

All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by us or, if third party supplied Content, their respective owners. By visiting this Site or using the Services, you agree to the following with respect to the content and information on the Site (the “Content”):

We grant you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only.
You may not use any trademark, service mark, or logo of Us or any third party that appears on the Site without prior written consent. No license, whether express, implied, or by estoppel is granted to any trademarks, service marks, or logos under these Terms.
You agree not to copy portions of the Site (e.g., using bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
You will not remove or obscure any copyright or other notices or legends contained in any Content.
You may not alter or modify the Content in your possession.
You may not exploit any of the Content commercially, or send or forward any Content to any third party without our prior written consent.
If you link other websites to this Site, you may not imply or suggest that We have endorsed or are affiliated with your websites and you may not display this Site as “framed” within another website.
You may not (and may not encourage or assist others to) access or use the Site in any way that violates any law, regulation, rule (including orders by governmental authorities), or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site.
You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Site.
You may not transmit any virus, worm, time bomb, or similar system interference through this Site.
You may not disable, override, or otherwise interfere with operation of the Site, or any of our communications to end users, consent screens, user settings, alerts, warning, or the like.
You may not attempt to cloak or conceal your identity when accessing the Site.
You may not impersonate or attempt to impersonate us, any employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
You may not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, including engaging in any conduct that We, in its sole discretion, deems may harm us.
You may not place an undue burden on the infrastructure hosting the Site or Services, including via a denial-of-service attack or a distributed denial-of-service attack.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

All statements and/or opinions expressed in any materials and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or of any third party sites which are accessible through the Site.

This Site Does Not Provide Medical or Professional Services Advice

The content on this Site is intended to be a general information resource in regard to the subject matter covered but is provided solely on an “as is” and “as available” basis as noted on these Terms of Use. You are encouraged to review the information carefully with your professional healthcare provider. We are not engaged in rendering medical or similar professional services or advice via this Site, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe our publication of this content as an endorsement by us of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.

Intellectual Property Ownership and Use

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Site shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

All Site Content and all materials and content contained within the Site, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Site, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

Infringement Notice

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email at the following address info@cresilon.com.

In order for us to assist you more effectively, the notification must include all of the following:

A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
A description of the copyrighted work or other right you claim has been infringed or violated;
Information reasonably sufficient to locate the material in question on the Site;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

SMS Terms of Service

We may engage in campaigns that will send SMS text messages to Traumagel and Vetigel users about upcoming events or promotions for which the user has opted-in to receiving messages from us. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@cresilon.com email address. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Msg frequency varies.

Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site.

External Sites and Resources

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the availability of any sites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party sites, including (without limitation) any advertising, products or other materials or services on or available from such sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

Orders and Sales

Nothing on the Site constitutes an offer to sell products or an acceptance of an offer to purchase products described on the Site or to make such products available in your area. Purchases of products are only available to licensed healthcare providers through our authorized distributors.

DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

AS SET FORTH IN THE SITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE SITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE BY YOU.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

Notice for California Users

Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

Governing Law; Waiver

The laws of the State of New York govern these Terms, without regard to conflicts of law provisions thereof. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of this these Terms must be in writing and signed by our authorized representative.

Miscellaneous

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Site (as may be amended from time to time) (“Site Agreements”) contain the entire agreement between us relating to the Site and your use of the Site and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Site Agreements. You confirm that, in agreeing to accept these Site Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Site Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Site Agreements.

Contact Us

We are located at 122 18th Street, Brooklyn, NY 11215 and may be reached by email at info@cresilon.com or telephone at +1 347-789-7671. Please contact us to resolve any issues with our Site that you may have.

If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.