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CLEAROGEN GENERAL TERMS AND CONDITIONS & RECURRING ORDER SUBSCRIPTION PROGRAM TERMS AND CONDITIONS

These TERMS AND CONDITIONS ("Agreement") concern the www.Clearogen.com website (together with its pages and features, "Site") as well as those certain products and services provided on, through or in relation to the Site. This Agreement is made and entered into by and between you and any person helping you visit, access, register with and/or use the Site (collectively, "you" or "your"), on the one side, and Advanced Skin & Hair, Inc. ("ASH INC"), the company that makes and distributes Clearogen.

Please read this Agreement carefully before accessing or using the Site because it constitutes a legally binding agreement between you and ASH INC.

When you create, register or log into an account through the Site you are automatically accepting and agreeing to the most-recent version of this Agreement.

ASH INC may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or a similar page of the Site , as applicable, e-mailed to the e-mail address associated with your User Account (defined below) or posted to your User Account (defined below), and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, register with or use the Site .

Suspension or Termination of Service. ASH INC has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, and/or your User Account at any time, and without notice or recourse, as ASH INC deems advisable in its sole discretion. ASH INC shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

Registration. As explained further above, to secure the right to access and use the subscription-only pages of the Site, you must, in addition to subscribing to ASH INC, register with and create a personal user account with ASH INC through the Site   ("User Account"), as well as further acknowledge your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as ASH INC may require from time-to-time. Unless otherwise permitted by ASH INC in writing, you may only have one (1) non-transferable User Account.

Subscription Plans. As explained further above, to secure the right to access and use the subscription-only pages of the Site, and to maintain your User Account in good standing, you must subscribe to ASH INC’s recurring order program at any recurrence time period of your choice that is made available by ASH INC. Accordingly, you understand and acknowledge that ASH INC will charge you a recurring subscription fee in exchange for the discounted prices on Clearogen products. At the time of your recurring order, ASH INC will charge the Subscription Fee to your credit card or debit card on file with ASH INC, as identified in your User Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor, and you will receive a receipt through your User Account.

Cancellations; Automatic Renewal. You may cancel your subscription at any time by contacting our support team. If you do not cancel your subscription before the end of the then-existing subscription period, then your subscription will automatically renew on the schedule you chose at time of purchase and ASH INC will bill you for, and you must pay for, the subsequent subscription period. If you cancel your subscription prior to the end of the then-existing subscription period, then your right to the discounted price of the products.

Subscription Fee Amounts. The amount of each Subscription Fee will be set by ASH INC in its sole discretion. By accepting the terms and conditions of this Agreement, you understand and acknowledge that ASH INC reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as ASH INC sees fit in its sole discretion. By accepting the terms and conditions of this Agreement, you understand and acknowledge that ASH INC reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as ASH INC sees fit in its sole discretion.

Free Trials and Discounts. ASH INC reserves the right, but not the obligation, to afford you discounted Subscription Fee amount(s) for purchasing products. These discounts are subject to change.

Payments.

Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Site. ASH INC’ relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject ASH INC’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.

Payment Obligations. You agree that you are responsible for all amounts that accrue under your account(s) with ASH INC. Your subscription items will not be shipped if payment is declined. ASH INC will attempt three times to complete the transaction using the payment method you provided at initial purchase. ASH INC will attempt to make contact with you to obtain an alternative payment method. If payment cannot be made, subscription will be canceled.

Refunds. ASH INC’s 90-day money back guarantee is the same for subscription orders. If you are not fully satisfied with your purchase for any reason, simply return all used and unused bottles of products within 90 days from the date your order is received for a complete refund of the purchase price and taxes according to the following rules.

Shipping and handling is not refundable. You must return all used and unused bottles of products originally sent to you at your own expense to us with a note requesting a refund. Any items purchased must be unused and in original condition to be refundable. We must receive all items no later than 90 days from the date your order was delivered by the carrier as indicated by the delivery confirmation information. In absence of tracking information your guarantee ends 105 days from your order date. Guarantee valid for one purchase per household and products directly purchased from Clearogen. Failure to follow these policies may result in partial refund or no refund.

 

This guarantee is valid only for products directly purchased from ASH INC. For Clearogen products purchased from other retailers please contact them directly for their return policy and return procedures.

 

Please send returns to:

Clearogen 

11661 San Vicente Blvd Ste 401

Los Angeles, CA 90025

 

Electronic Communications.

Express Consent. You hereby expressly consent to ASH INC sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as ASH INC deems appropriate in its sole discretion, whether through the Site, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any ASH INC products or services.

Communication Opt-Out. You may opt-out of receiving any emails, text messages or other communication as described above any time by following the opt-out instructions in any such emails or text messages you have received and would like to opt-out of. Additionally, you may email helpdesk@clearogen.com to request communication opt-outs. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the App, your User Account, ASH INC’ products or services, and/or your ability to receive certain messages and/or notifications from ASH INC.

What are your mobile terms?

When you provide us with your mobile phone number, you agree that Clearogen may send you text messages (including SMS and MMS) to that phone number. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. The frequency at which you'll receive our text messages may vary from month to month. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to the number 866-840-1427. For help, send a text message with the keyword HELP to the number 866-840-1427. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

How do I sign up for these text messages?

All you have to do is text enter to 866-840-1427. (Message frequency may vary, message and data rates may apply, and you can always text HELP for help & STOP to cancel.) When you opt-in to the service, we will send you an SMS message to confirm your signup.

If at any time you forget what keywords are supported, just text HELP to 866-840-1427. After you send the SMS message HELP to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

How do I opt out of these text messages?

You can cancel the SMS service at any time. Just text STOP to 866-840-1427. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Will I be charged for the text messages I receive?

Clearogen will never charge you for the text messages you receive however standard message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided through the number 866-840-1427, you can send an email to alan@clearogen.com.

Supported wireless carriers

United States

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Canada

Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.

***This service and the carriers are not liable for delayed or undelivered messages***

Advanced Skin and Hair INC. herein sets forth the terms and conditions of this agreement of use for visitors to this web site. Using this web site constitutes an agreement on the visitor’s part with all of the terms, conditions and limitations of liability set forth herein. Do not use this site if you disagree with any or all of the terms, conditions and limitations of liability set forth herein. By using this site, the visitor thereby becomes a party to this agreement as if otherwise formally executed.

Clearogen uses FDA approved ingredients for the treatment of acne, however the contents of this site are not evaluated by Food and Drug Administration. The contents of this site should not be used for the purposes of self diagnosis and medical professional should be consulted if you suffer from severe acne before any treatment is initiated. Clearogen is not a drug, medication or cure for acne. 

ADVANCED SKIN AND HAIR INC. EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO ITS PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

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.

LIMITATION ON USE – . Every individual is different, and every individual’s circumstances are different. Thus, individuals may react differently from each other when taking any nutritional supplement orally or topically, either by itself or taken with other supplements.

Advanced Skin and Hair INC., its employees, officers, directors, agents or contractors shall have no liability as a provider of information or selling of any products including, without limitation, any liability for defective products. This comprehensive limitation of liability applies to all damages of any kind claimed as a result of using this site or using any of the products purchased through this site including, without limitation, consequential, compensatory, direct or indirect damages, claims of third parties, and all other types of damage claims.

ARBITRATION – Except as provided below, the parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement will be settled by arbitration to be held in Los Angeles, California before a single arbitrator contracted from the American Arbitration Association and in accordance with the Commercial Arbitration Rules of the American Arbitration Association, provided, however, that either party may elect to employ the federal rules of evidence as would be available to parties bringing claims in federal court. The arbitrator shall be selected by mutual consent of both parties. Should the parties not be able to select an arbitrator, then a panel of three arbitrators shall be selected from those available from the American Arbitration Association. In this event, each party shall be entitled to select one member of the arbitration panel, and the two arbitrators thus selected would select the third member. Each party irrevocably and unconditionally consents to the jurisdiction of any such proceeding and waives any objection it may have to the jurisdiction or venue of the same. The arbitrator or arbitration panel may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator or arbitration panel will be final, conclusive and binding. Judgment may be entered on the arbitrator’s or arbitration panel’s decision in any court of competent jurisdiction. The parties agree to split the costs and expenses of such arbitration, and each party will separately pay the fees and expenses of its counsel.

ENTIRE AGREEMENT – This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. Any ambiguities in this agreement shall be construed in favor of Advanced Skin and Hair.

SEVERABILITY – If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court or other tribunal finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

GOVERNING LAW – This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules.