1. Product Descriptions
Clearogen attempts to be as accurate as possible in its product, pricing, and rebate information; however, Clearogen cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, Clearogen will not be liable for any loss or discrepancy with accurate data. If an item’s correct price is higher than the stated the price, Clearogen will, at Clearogen’ sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
2. Consent to Receive Email.
By establishing an account with Clearogen, you consent to receive periodic email communications from Clearogen concerning Clearogen’ products and services, including without limitation, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.
3. Copyright and Trademarks
The contents of this site are copyrighted by Advanced Skin and Hair, all rights reserved.
Information may not be reproduced without express prior written permission from the Advanced Skin and Hair. The name, logo and other trade dress shown on this site are the service marks or trademarks of Advanced Skin and Hair. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Clearogen’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at [INSERT EMAIL ADDRESS] or to the attention of Clearogen Copyright Agent at 12121 Wilshire Blvd. Suite 1012, Los Angeles, CA 90025. Please provide our Agent with a Notice providing the information specified in 17 U.S.C. § 512(c)(3).
4. DISCLAIMERS; LIMITATION OF LIABILITY
(a) Clearogen HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND
PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Clearogen EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. , Clearogen DOES NOT WARRANT THAT THE WEBSITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Clearogen HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR PRODUCTS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND PRODUCTS ARE AT YOUR SOLE RISK.
(b) THE LIABILITY OF Clearogen IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Clearogen BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Clearogen OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF
Clearogen AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO Clearogen DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Clearogen AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(c) SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Clearogen reserves the right to, in its sole discretion and without notice or liability, deny use of the website and/or products to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.
This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles and shall not be governed by either (i) Section 1283.1 of the California Code of Civil Procedure or (ii) the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded. Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in Los Angeles, California in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and you hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts of Los Angeles County, California. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. I n no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Los Angeles County Small Claims court; or (v) to enforce any decision of the arbitrator, including the final award.
This Agreement constitutes the entire agreement between Clearogen and you concerning your use of the Websites and Products and supersedes all prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of Clearogen. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.