IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE, PLACE AN ORDER, OR USE ANY COMPANY PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM, AS DEFINED HEREIN, TO BINDING INDIVIDUAL ARBITRATION IN LIEU OF FILING ANY ACTION IN ANY COURT OF COMPETENT JURISDICTION. IF YOU WISH TO OPT OUT OF THE MANDATORY ARBITRATION AGREEMENT, YOU MUST DO SO ACCORDING TO THE INSTRUCTIONS SET FORTH BELOW. THIS ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVUALLY AND NOT AS PART OF A CLASS ACTION.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IMPORTANT DISCLAIMER REGARDING INFORMATION CONTAINED ON THIS WEBSITE
THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE. THE CONTENTS OF THE INDUCTION THERAPIES AND COLLAGEN P.I.N WEBSITE, INCLUDING WITHOUT LIMITATION, GRAPHICS, DESIGN AND TEXT, AND ANY OTHER CONTENT INCLUDED ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE, AND THE CONTENTS THEREIN, ARE NOT INTENDED TO ACT AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSES OR TREATMENT. THE COMPANIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, VALIDITY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITES. YOUR USE OF THIS WEBSITE, AND YOUR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION AND ANY MEDICAL TREATMENT. YOU SHOULD NEVER DISREGARD THE ADVICE OF YOUR MEDICAL PROFESSIONAL, OR DELAY SEEKING TREATMENT FOR A MEDICAL CONDITION BASED ON ANY INFORMATION CONTAINED ON THIS WEBSITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THE COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
LIMITATION ON LIABILITY AND INDEMNIFICATION
BY USING THIS WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS (“RELEASED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold the Released Parties, together with their respective co-branders, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
You may upload photographs, comments, reviews and other communications to this Website (“Your Content”), ONLY with prior permission from the Company. You will retain your ownership interest in all Your Content or files provided by you to Company via the Website, social media postings, forums, uploads, postings, and/or by email, mobile apps, text messaging, mail, or otherwise, including any text, photos, artwork, videos, or audio clips contained in Your Content. By posting or submitting Your Content to Company, you (or if a minor, your parent or legal guardian) hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content and the name submitted in connection with Your Content, throughout the world in any and all media now known or hereafter conceived. Company and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
By posting any of Your Content to the Website, you represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) Your Content is accurate; (c) use of Your Content does not violate this Agreement and does not violate the privacy rights, publicity rights, trademarks rights, copyright interests, contract rights or any other rights of any person or entity and will not cause injury to any person or entity; and (d) by providing Your Content to the Company, you (or if a minor, your parent or legal guardian) and your heirs, successors and assigns, hereby discharge and release, and agree to indemnify and hold harmless, Company and its parent entities, subsidiaries, affiliates, agents, representatives, successors and assigns, and their respective members, shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”), from any action or liability of any kind and all damages relating thereto, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs, in connection with Your Content. You will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services. Company has the right, but not the obligation, to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
Prior to uploading any of Your Content, you must submit any proposed content to the Company by contacting email@example.com.
LINKS TO THIRD-PARTY WEBSITES
The Company website, solely as a convenience to website users, may contain links to other websites, including without limitation, advertisers. The Company has no control over the content of any other website, and the presence of links to any other website shall not be construed as an endorsement by Company of any content on those websites. You understand and agree that if you access, view or use any such website link, you do so at your own risk. You understand and agree that Company makes no representations or warranties regarding the content or legality of the content of any such sites, and that Company has no responsibility or reliability for the availability of the content of any other website, or for any of the content contained on any other website.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
By using this Website you acknowledge and agree that all content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by any suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using the Website or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
PLACING A PRODUCT ORDER ON THIS WEBSITE
Company reserves the right, without prior notice to you of this Website, to discontinue or make changes to product formulations and/or product pricing without incurring any obligation to you. The Company makes no guarantee that the product prices, product descriptions and product packaging are accurate and current. Company, to the best of its ability, attempts to ensure that the product prices, product descriptions and product packaging listed and displayed on the Website are accurate. If you order a product from this Website, and the product packaging does not match the depiction of the product as seen on the Website when you receive it, your sole remedy is to return it to us in an unused and undamaged condition, in its original packaging, in accordance with our Return Policy which is listed below.
PRODUCT PRICING: By placing an order on this Website you agree that you understand that product availability and pricing are subject to change without prior notice to you. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered, however, Company makes no guarantee or warranty with respect to the accuracy of the information contained on the Website. Company reserves the right to revoke any special pricing of products sold on the Website, to correct any errors, inaccuracies, or omissions contained on the Website, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s).
Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local enforcements authorities.
PAYMENT FOR ORDERS PLACED THROUGH THIS WEBSITE
Payment for all products ordered through the Website is due upon submitting your order on the Website. No order will be processed or shipped until the payment process has been completed and payment has been approved. Company may require additional information from you in order to process an order. If you do not provide the necessary information to Company, Company reserves the right to refuse to process the order, or cancel or limit the order after such order has been placed. When you place an order for products from the Company through this website, telephone, facsimile, or otherwise, you agree to provide the Company with current and accurate payment information, which is your payment information or payment information that you have been authorized to provide to the Company. Company retains the right to cancel any order placed by you, and/or to temporarily suspend or permanently terminate your customer account with Company if Company has reasonable grounds to believe that you have provided incomplete, inaccurate, fraudulent, or otherwise unsatisfactory payment information to Company in connection with any order. Your submission of an electronic order through this Website, confirms your agreement that the submission of that order is sufficient to satisfy any relevant Statute of Frauds, and no further writing will be required.
Upon Company’s acceptance of your properly completed order, including processing of payment for that order, the Company will assemble your order and prepare it for shipping. All orders are subject to availability of Company product. If any of the product(s) in your order are not available, the Company will promptly inform you of the unavailability, and may offer you alternative product(s).
SHIPPING AND RISK OF LOSS
The Company will add applicable shipping and handling fees to your order as set forth in the Shipping Policy contained in these Terms and Conditions of Use. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States.
The Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most product purchases, but some states exclude certain items. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on product purchases. Company is required to follow the rules of each state, and your final order total will include the appropriate state and local taxes.
The Company will not accept the return of any product unless the product is returned new, unopened, and sealed in its original packaging. If you wish to return a product, you must notify Customer Service within 10 (ten) days of your receipt of the product of your intent to return the product. You must obtain a return-goods authorization form (RGA form) from Customer Service for any and all returns prior to returning the product. All product returns must be received within fifteen (15) days of the initial shipment of the product from the Company to you. NO REFUNDS will be issued if the returned product is received by the Company after fifteen (15) days of the initial shipment of the product from the Company to you.
All product returns are subject to the Company’s returned goods policy and a MINIMUM 15% restocking charge.