Privacy Notice

BioForm Medical, Inc. ("BioForm Medical") values your privacy and the privacy of our other customers and visitors to our websites, including www.Radiesse.com, www.Radiessevoice.com, www.Radiesse-fl.com, www.BioForm.com and www.BioFormMedical.com (collectively, with any successor websites, the "Websites"). Visitors to the Websites are, collectively, referred to herein as "Users."
This Privacy Notice describes what information BioForm Medical gathers from you via the Websites, how we use that information, and what we do to protect it. Please note that we do not intend to gather personal data from individuals residing outside of the United States of America. By using the Websites, you expressly consent to the information handling practices described in this notice.
This Privacy Notice is incorporated into and is subject to the BioForm Medical Terms of Use. Your use of the Websites and any personal information you provide on the Websites are subject to the terms of this Privacy Notice and BioForm Medical's Terms of Use.

1. The Information BioForm Medical Collects:

User-provided Information: You may provide to BioForm Medical personally identifiable information (such as your name, email address, postal mailing address, zip code, home/mobile telephone number, fax number[, credit card number and billing information]) when using the Websites.
Employment Information: You may provide us with personally identifiable information, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry. We may use this information throughout BioForm Medical for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration.
"Automatically Collected" Information: When you visit , we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the Websites, the pages you view on the Websites, and the dates and times that you visit the Websites.

2. The Way BioForm Medical Uses Information:

BioForm Medical uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features, information and services found on the Websites. We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues.
BioForm Medical uses all of the information that we collect to understand and analyze the usage trends and preferences of visitors to the Websites, to improve the way the Websites works and looks, and to create new features and functionality.
BioForm Medical may use "automatically collected" information and "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Websites; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
BioForm Medical will not use your email address or other personally identifiable information to send promotional messages unless you have opted in or otherwise requested that BioForm Medical contact you about the BioForm Medical products and services or other information.

3. When BioForm Medical Discloses Information:

BioForm Medical does not sell, trade, rent or share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
BioForm Medical may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Websites.
BioForm Medical works with some authorized service providers to provide website hosting and maintenance as well as other services for us. BioForm Medical requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to BioForm Medical; these third parties may have access to or process your personally identifiable information. BioForm Medical generally limits their use of your personally identifiable information to the purpose for which it was shared.
BioForm Medical may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
BioForm Medical also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect BioForm Medical from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Websites; or to protect the rights, property, or personal safety of BioForm Medical, our Users, or others.

4. Your Choices:

You may, of course, decline to share your personally-identifiable information with BioForm Medical, in which case BioForm Medical will not be able to provide to you some of the features and functionality found on the Websites.

5. Our Commitment to Children's Privacy:

Protecting the privacy of young children is especially important to BioForm Medical. For that reason, BioForm Medical does not knowingly collect or maintain personally identifiable information on Websites from persons under 13 years-of-age, and no part of Websites is directed to persons under 13. If you are under 13 years of age, then please do not use or access THE Websites at any time or in any manner. If BioForm Medical learns that personally-identifiable information of persons less than 13-years-of-age has been collected on BioForm Medical without verifiable parental consent, then BioForm Medical will take the appropriate steps to delete this information.

6. Our Commitment to Data Security:

BioForm Medical uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BioForm Medical, and you do so at your own risk. Once we receive your transmission of information, BioForm Medical makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

7. International Visitors:

Personally identifiable information collected on the Websites may be stored and processed in the United States or any other country in which BioForm Medical or its affiliates, subsidiaries or agents maintain facilities, and by using the Websites you consent to any such transfer of information outside of your country.

8. In the Event of Merger or Sale

In the event that BioForm Medical is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

9. Changes and Updates to this Privacy Notice

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Websites constitutes your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.

10. Effective Date, Date Last Modified

This Privacy Notice is effective as of March 18, 2008.
This Privacy Notice was last modified of March 18, 2008.

11. BioForm Medical Contact Information:

Please contact BioForm Medical with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at: (262) 835.3300.

Terms of use

These Terms of Use are a contract between you and BioForm Medical, Inc. ("BioForm Medical"), a company with a principle place of business at 1875 South Grant, Suite 200, San Mateo, CA 94402 USA. BioForm Medical operates www.Radiesse.com, www.Radiessevoice.com, www.Radiesse-fl.com, www.BioForm.com, and www.BioformMedical.com (collectively, with any successor websites, the "Websites"). By using the Websites and any services accessible from the Websites, you are agreeing to be bound by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, do not visit or use the Websites.

THE WEBSITES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITES BY BIOFORM MEDICAL. By using the Websites, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by BioForm Medical.

1. Ownership of Content.: The Websites are owned and operated by BioForm Medical. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Websites (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 Websites are the property of BioForm Medical or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Websites, whether registered or unregistered, are owned exclusively by BioForm Medical 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. BioForm Medical reserves all rights not expressly granted in this Terms of Use.
2. License: BioForm Medical hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Websites 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, or modify the Materials or incorporate the Materials into other documents, websites, or publications.
3. No Medical Advice: Your use of the Websites and the Materials contained therein is at your own risk. By using the Websites, you acknowledge that BioForm Medical is providing the Materials for informational purposes only, and that neither BioForm Medical nor its licensors are providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials in the Websites when choosing a treatment plan, or evaluating any other medical advice regarding any disease or medical condition. BioForm Medical and its licensors strongly urge that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.
4. Privacy: You confirm that you have read and accept our Privacy Policy.
5. Modification of these Terms of Use; Termination.: BioForm Medical 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 Websites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Websites. BioForm Medical reserves the right to limit, suspect or terminate your access and use of the Websites at any time without notice.
6. Prohibited Conduct: As a condition to your use of the Websites, you agree not to:

6.1 use the Websites for any purposes other than to access Materials;
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 Websites, or perform
any other similar fraudulent activity;
6.4 delete the copyright or other proprietary rights on the Websites;
6.5 use the Websites 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 use the Websites if you are under the age of 18 years old;
6.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Websites, features
that prevent or restrict use or copying of any content accessible through the Websites, or features that enforce
limitations on the use of the Websites;
6.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Websites or any
part thereof, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation;
6.9 modify, adapt, translate or create derivative works based upon the Websites or any part thereof, except and only to
the extent foregoing restriction is expressly prohibited by applicable law; or
6.10 intentionally interfere with or damage operation of the Websites or any user's enjoyment of them, 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 Websites may include links or references to other external websites 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 BioForm Medical has no control. BioForm Medical 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, and bioform medical makes no warranties, express, STATUTORY or implied, with respect to the reference sites. You acknowledge and agree that BioForm Medical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.
8. Disclaimer of Warranties: The Websites and Materials may contain technical inaccuracies and/or typographical errors. The Websites and Materials are provided to you on an "AS IS" basis. BIOFORM MEDICAL DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE WEBSITES OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability and Damages: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BIOFORM MEDICAL HEREBY DISCLAIMS, AND IN NO EVENT SHALL BIOFORM MEDICAL OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITES, BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITES OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF BIOFORM MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, BIOFORM MEDICAL SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS. IN NO EVENT WILL BIOFORM MEDICAL'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED ONE HUNDRED DOLLARS.
10. Indemnification: You agree to indemnify, save, and hold BioForm Medical, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Websites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. BioForm Medical reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BioForm Medical, and you agree to cooperate with BioForm Medical's defense of these claims. BioForm Medical will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. Special Considerations for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
12. Forward-Looking Statements: These Websites may contain forward-looking statements. These statements relate to future events or the future performance of BioForm Medical. We have 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 these terms or other comparable terminology. 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. BioForm Medical reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any material from these Websites at any time without notice to you, and without any liability to you.
13. Miscellaneous: These Terms of Use constitute the entire agreement between you and BioForm Medical and govern your use of the Websites, superseding any prior agreements between you and BioForm Medical (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by BioForm Medical. 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 BioForm Medical 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against BioForm Medical and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the Websites 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 titles in the Terms of Use are for convenience only and have no legal or contractual effect.

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