Allergan United States Regi™ Terms of Use

Updated: April 9, 2019

These Terms of Use are a binding agreement between you and Allergan USA, Inc. (“we”, “us”, or the “Company”), and govern your access and use of the Regi™ website and mobile application(s) (collectively, “the Service”), which includes any information, data, tools, features, products, services and other content (together, “Content”) available on or through the Service. This agreement covers your use of the Regi website and mobile application(s), which may be used, among other things, to book services or treatments through beauty, healthcare or other service providers (“Providers”).

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH ALLERGAN ON AN INDIVIDUAL BASIS. PLEASE SEE ARBITRATION BELOW FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND ALLERGAN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION, OR JURY TRIAL.

Please read the Terms of Use carefully before you begin using the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, found at https://tryregi.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Service.

This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

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 Service thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service.

Your continued use of the Service 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.

Permitted Use

Allergan grants you a limited right to use the Service only for your own private, non-commercial informational purposes only, and to print pages from the Service only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Service. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Service or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Service.

Medical Advice Disclaimer

NO INFORMATION IN THIS SERVICE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF ALLERGAN OR ANY OTHER PRODUCTS OR TREATMENTS. ALLERGAN AND THE SERVICE CANNOT ANSWER ANY COMMUNICATIONS REQUESTING PERSONAL MEDICAL ADVICE. ALLERGAN IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR MEDICAL ADVICE OF PROVIDERS BOOKED THROUGH THE SERVICE.

VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL OR TREATMENT PROVIDER PRIOR TO MAKING ANY DECISIONS OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

We do not recommend or endorse any specific procedures, Providers, opinions, or other information that may appear through the Service. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Provider's office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. Allergan makes no guarantees that booking a Provider through the Service will result in your desired outcome. It is wholly and solely your responsibility to assess the qualifications of a potential Provider. Allergan recommends you meet and discuss the benefits and risks of any treatment with the potential Provider. Allergan and its affiliates hereby disclaim any and all liability arising from your use of and/or reliance on the information contained in the Service.

No Doctor Patient Relationship

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM ALLERGAN OR THE SERVICE.

Allergan encourages Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Service whatsoever.

User Responsibility, Limitation of Liability, and Waiver

Each person assumes full responsibility and all risks arising from use of the Service.

IN NO EVENT SHALL ANY OF ALLERGAN, THE SERVICE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SERVICE, REGARDLESS OF WHETHER ALLERGAN OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

IF YOU RELY ON THIS SERVICE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SERVICE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICE IS PROVIDED TO YOU “AS IS” AND ALLERGAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICE.

ALLERGAN HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

ALLERGAN MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SERVICE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Allergan may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Allergan's liability will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ALLERGAN, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SERVICE, TO THE FULLEST EXTENT ALLOWED BY LAW.

You further agree that any claim related to this Site must be filed within one year after it arises in a binding individual arbitration—see Arbitration section below.

Payment, Transaction Processing, and Insurance

Payments and Subscriptions

There are a number of ways to participate in Services through Allergan, such as various promotional plans and non-subscription “à la carte” purchases. These options consist of different services and features and may be subject to additional and differing conditions, prices, applicable taxes or similar government charges, policies and limitations. The cost of the product or service is determined at the time the order is placed and is subject to change. The cost of the beauty service or treatment will be charged to your default payment method once appointment is confirmed with service provider. The cost of medical aesthetic treatments need to be paid directly to the Healthcare Provider at the time of service.

You may be permitted to use the Service to pay for products or services provided by the applicable service Provider, and/or other payment obligations. In connection with such payments, we process your payment card information in accordance with our Privacy Statement. We and/or our payment processing partner may collect from the applicable Provider a transaction processing fee for our billing, collection and payment services (the “Transaction Processing Services”) performed in connection with such payment. Such payments are subject to change and may be subject to additional applicable taxes or similar government charges.

Each user will pay Allergan upon demand for the service or treatment type selected by the user with a valid payment method accepted by Allergan at the rates specified on the Service. You hereby agree to provide Allergan all information requested and hereby authorize Allergan (a) to retain, archive, and use credit card information provided in connection with each debit card, credit card, or payment method and (b) to charge your debit card, credit card, or payment method for payments for products or services selected by you. In addition to all other rights and remedies in the Terms of Use or available at law or in equity, Allergan may refuse to provide products or services, in whole or in part, and/or terminate your account, for any delay or failure in payment by you to Allergan.

Other Fees

You are responsible for paying applicable fees if you do not cancel an appointment you had reserved with appropriate notice or do not go to your scheduled appointment. The Provider's policy on cancellation and any other applicable fees will be disclosed when we confirm your appointment. Please read each Provider's policy (Beauty Service and Healthcare Providers) when booking an appointment. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.

Reservation and Cancellation of Appointments

As a user of the Service, you must reserve and cancel your appointment only through the Service or via the Concierge team. It is a breach of these Terms if you reserve or cancel directly with a Provider, including through any online or mobile account you have with a Provider, independent of Regi. If you reserve or cancel directly with such Provider we reserve the right to charge you the full amount that the Provider charges for such appointment and/or any applicable cancellation fees, and/or to suspend or terminate your subscription or account. Applicable fees will be disclosed when we confirm your appointment.

Non-Personal Data

Any non-Personal Data (as defined in our Privacy Statement) that you transmit to, or post on, this Service by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as non-confidential and nonproprietary data, and Allergan shall have no obligation of any kind with respect to such data. Allergan and any of our affiliates may use such de-identified data for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such de-identified data, including, but not limited to, any photographs, ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such data. Please consult our Privacy Statement for more information.

User Contributions

The Service may contain user-submitted reviews, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") reviews, content, or materials (collectively, "User Contributions") on or through the Service.

All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties de-identified versions of any such material for any purpose.

You represent and warrant that:

Copyrights and Trademarks

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

You must not:

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for:

To access the Service or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Links to the Service From Other Websites

Allergan encourages other websites to link to this Service, provided that these links comply with the guidelines set forth herein. Links to this Service from other sites should be text-only and may not include Allergan's logo or other intellectual property. We strictly prohibit any suggestions of Allergan endorsement or recommendation of a specific company, product, or service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Allergan. Without the prior written permission of Allergan, you may not frame or scrape any of the content on the Service nor incorporate into another website, mobile application, or other service any intellectual property of Allergan. Allergan reserves the right on demand, as Allergan in its discretion thinks fit, to direct you to remove any links to the Service or Allergan's name from your site. Without prejudice to Allergan's authority and discretion under this paragraph and the paragraph above, you will not link to the Service, or refer to the Allergan name and/or logo, from any site that is indecent or inappropriate, or in any other way incompatible with Allergan's reputation.

Links From the Service to Other Websites

This Service may include links to other sites. These links are provided for purposes of convenience. Links to third-party sites are not a referral or endorsement of any entity or site (which includes any information, data, tools, products, services, and other content). Allergan is not responsible for the availability, content, accuracy, privacy practices or terms of use of other sites, services or goods that may be linked to from this Service. Allergan is not responsible or liable for any damages or injury arising from any information, data, tools, products, services, other content, or non-compliance with any laws of another site, including any affiliate marketing site. You release Allergan from any damages that you may incur, and agree not to assert any claims against Allergan, arising from your use of a third-party site that is linked to from this Service, including but not limited to any purchase or use of third-party supplied information, data, tools, products, services, or other content.

Some of the links on this Service may be affiliate links for affiliate marketing purposes. This means that our affiliates, which may be third-party companies or Allergan companies, can identify that you clicked through to their site using the affiliate link from this Service, and Allergan or the third party may get a commission when you purchase anything from the affiliated companies.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

Additionally, you agree not to:

Communications

By providing your information or creating an account, you agree that Allergan may contact you by email or direct mail, and by telephone or text messages with your separate consent, at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with an Allergan account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.

By providing your phone number, you agree to receive communications about your treatments and services, transactions, and account, which may be sent with an automatic telephone dialing system. You may revoke your consent for Allergan to text and call you in order to provide you with the Service by asking a member of the Concierge team to delete your account.

You may also opt in to receive promotional messages from Allergan and its partners sent with an automatic telephone dialing system. You do not have to opt in to use the Service. Reply STOP to opt out. If you opt out of promotional messages, Allergan will still contact you to provide you with the Service, unless you ask a member of the Concierge team to delete your account.

Jurisdiction

Nothing contained on the Service should be construed as solicitation or promotion for any product or Provider or for the use of any product or Provider in a way which is not authorized by the country or state in which the reader is physically located. This Service provides information about products, uses, and Providers that may not be available in particular countries or states. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Allergan's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. You agree that any disputes arising from the use of these Terms of Use or the Service will be arbitrated on an individual basis. By entering into these terms, you and Allergan are each waiving the right to a trial by jury or to participate in a class action.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Forward-Looking Statements

This Service contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

Reservation of Rights

Allergan reserves the right to alter or delete material from this Service at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Service indicates your acceptance of any revisions to these terms.

Allergan's failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Allergan may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without Allergan's written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Entire Agreement

The Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and Allergan regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by Allergan USA, Inc., 261 Madison Avenue, 11th Floor, New York, NY 10016.

All feedback, comments, requests for technical support, notices of copyright infringement, and other communications relating to the Service should be directed to: (844) 874-3895 or support@tryregi.com.