Terms and Conditions
1.The Basics
1.1 Key Terms
1.1.1. We are CMD Lasers Ltd. and we’ll refer to ourselves, together with our affiliates, as “CMD,” “CMD Lasers,” “us,” “our,” or “we.” Our registered offices are located at DDP, A2 DSO-IFZA, DUBAI DIGITAL PARK, DUBAI, UAE.
1.1.2. When we use the term “you,” we mean anyone using our Services. If you are using or registering for the services on behalf of a company or organization, the term “you” is also meant to refer to that company, where it makes sense from the context. When we mean to refer only to your company, we’ll use the term “Customer.”
1.1.3. When we refer to our “Site,” we mean https://www.CMDlasers.com/ and when we refer to our “Services,” we mean any services available on the Site.
1.2 Privacy
When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at https://www.CMDlasers.com/privacy-policy/ for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
1.3 Changes of these Terms
We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
2. Our Services
Terms of Services
Subject to these Terms, CMD allows you to use the Services on a non-exclusive basis for your own or the Customer’s internal business purposes. Through the Customer Portal, you will be able to access certain marketing materials and through the Training Zone, you will be able to access certain information about CMD products you have purchased, open support requests and access other Services.
3. User Accounts
Site Usage
3.1. You can use our Site and certain Services without an account. To access the Training Zone or Client Portal, you will be required to use additional features or Services, you will need to very that you are a Customer who has purchased our products in order to open an account.
Account Opening
3.2. Subject to applicable law, CMD may refuse to open an account for any individual or entity at its sole discretion.
Account Responsibility
3.3. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, CMD will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
4. Use Restrictions
Third Parties
4.1. You may not do or attempt to do or allow a third party to do any of the following:
(1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services;
(2) copy, modify, or distribute the Services in any manner not permitted by these Terms;
(3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below);
(4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Services in any other way; (5) use another’s account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
Unlawful Use
4.2. You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
5. Representations
Accepting The Terms
By accepting these Terms, you represent that:
(a) you are at least 18 years old and have the ability to form a binding contract;
(b) your use of the Services will not violate any applicable law or any obligation you have to a third party;
(c) all information you submit as part of the registration process is and will remain truthful and accurate. You also undertake that you will use the Site Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported. If you are registering on behalf of the Customer, you further represent that you are authorized to bind the Customer to these Terms. You also represent that the Customer is duly organized under applicable law, it has the authority to enter into these Terms, and that by doing so and using the Service, it will not be in conflict with any obligations it has to any third party or any legal requirement.
6. Intellectual Property
Intellectual Property Rights
We retain all worldwide intellectual property rights, title, and interest in our Site, our Services, including the overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the site and Services, any materials available through the Site or Services (“Content”), as well as in our name, trademarks, and logos. In some cases we have gotten the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, or similar property as your
own. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
7. Indemnification
Your Agreement
7.1. You agree to indemnify, defend, and hold harmless CMD Lasers, its affiliates, and their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your:
(a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you;
(b) use or misuse of the Services;
(c) violation of any law or regulation, including breach of applicable data protection laws;
(d) infringement of any right of any third party.
Our Agreement
7.2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss or loss, including reasonable court costs, attorneys’ fees, and any fines that you may incur in connectionwith any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of
(a) the use of the Services not in compliance with these Terms or applicable law;
(b) the combination of the Services with any services that we did not provide;
(c) the modification of the Services by any party other than us;
(d) the use
of any version of the Services that is not the most up-to-date version.
Either Parties
7.3. Either party claiming indemnification under this Section (“Indemnitee”) shall:
(i) provide the other party (“Indemnifying Party”) with written notice of a claim promptly upon becoming aware thereof,
(ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense;
(iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party’s expense, in the defense and settlement of the claim.
8. Disclaimers
Additional Warranties
8.1. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR OR CUSTOMER’S, AS APPLICABLE, SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS
Third Parties Services
8.2. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services
Risks
8.3. You understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
9. Limitation of Liability.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CMD LASERS (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS THAT IS NOT A DIRECT RESULT OF YOUR USE OF THE SERVICES. THIS INCLUDES ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CMD LASERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY UNDER THESE TERMS WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.
10. Termination
Terms of Termination
These Terms will take effect when you first use our Site or Services and shall continue in full force and effect until they are terminated in one of the ways described below. We reserve the right to suspend or terminate your account in the Customer Portal or Training Zone (and, by association, these Terms) at any time and for any reason by providing three days’ prior notice. We also have the right to suspend or terminate these Terms immediately if you violate the letter or spirit of these Terms or you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests. Even if
these terms are terminated, you will still be bound by the sections of these Terms which, by their nature are meant to survive termination.
11. Force Majeure
Force Majeure
Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
12. Notices
Notices
To provide an official notice in accordance with these Terms, either us or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
13. General
General Terms
These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the Dubai, United Arab Emirates, shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of Dubai, United Arab Emirates, shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.