Hairtex
TERMS OF SERVICE
TERMS OF USE
Please read these terms carefully before using our website. The use of this website indicates your acceptance of these terms. Hairtex/ Biontrix Corp. Terms of Use, Subscription Fees, Automatic Renewal, and Cancellation
PRIVACY POLICY.
Refer to our Privacy Policy for information about how we collect, use, and disclose your information.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither you nor us has any authority of any kind to bind the other in any respect.
All content, products, and services on the website are provided to you “as is” without any guarantees or warranty. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade.
ELIGIBILITY.
You must be 18 years of age or older to use the Services. By visiting the Website or using the Services, you represent and warrant to Hairtex/ Biontrix Corp. that you are 18 years of age or older and that you have the right, authority, and capacity to agree to and abide by these Terms.
ACCEPTANCE OF CONTRACT TERMS
In exchange for using Hairtex/ Biontrix Corp., websites, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If any provision of these Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any province or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use.
If you do not agree to these terms, please do not use our site. Hairtex/ Biontrix Corp. websites are controlled and operated in whole or in part by the website owner from its offices within Canada. By accessing the Web Site, you agree that the statutes and laws of Canada and Ontario, without regard to conflicts of laws, will apply to all matters relating to the use of the website. You agree that any litigation relating in any way to the use of the website shall be subject to the jurisdiction of the Province or federal courts in GTA, Ontario, Canada.
Those who access Hairtex/ Biontrix Corp. websites from other locations do so at their own risk and are responsible for compliance with applicable local laws. The website owner makes no representation that the Content on the site is appropriate or available for use in other locations or that access to it from outside Canada is legal. As a condition of your use of the site, you warrant to Hairtex/ Biontrix Corp., that you will not use the site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the site or tamper in any way with the operation of the site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the site. You acknowledge that the website owner reserves the right in their sole discretion to refuse or terminate access to the site by you at any time.
We do not warrant that the functions contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. Hairtex/ biontrix corp. Does not warrant or make any representations regarding the use of or the result of the use of the contents in the services about their correctness, accuracy, reliability, or otherwise. You (and not Hairtex/ Biontrix corp.) Assume the entire cost of all necessary servicing, repair, or correction.
The website owner may revise or withdraw the Content, in whole or in part, at any time without notice. The website owner may at any time revise these Terms of Use by updating this posting. By using the site, you agree to be bound by any such revisions, and you agree to periodically visit this page to determine the then-current Terms of Use to which you are bound.
We reserve the right to change any and all content and to suspend or stop providing access to the Website (or any features or functionality of the Website), the Services, and products at any time without notice and without obligation or liability to you. Reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us.
Welcome to Hairtex/ Biontrix Corp. The Hairtex/ Biontrix Corp. website and services are provided by Biontrix Corp. (“Biontrix,” “we,” “us,” or “our”). These terms of service (“Terms of Service” or “Terms”) govern your (“you” or “your”) access and use of the Hairtex/ Biontrix Corp. websites (the “Website”) and all services provided by Hairtex/ Biontrix Corp. via the Website (“Services”) and your purchase of a subscription membership and products sold through the Services. By using the Services, you indicate your unconditional acceptance to be bound by these Terms and the Hairtex/ Biontrix Corp. Privacy Policy and you agree not to use the Services for any purpose that is prohibited by these Terms of Service. If you do not agree, please do not use the Services. We may revise these Terms of Service at any time and at our sole discretion. Your continued use of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.
By purchasing Hairtex/ Biontrix Corp. products for a subscription term of your choice (“Initial Term”), you acknowledge and agree that you are signing up for an automatic renewal subscription (“Subscription”) with Hairtex/ Biontrix Corp. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an Order, or to discontinue offering certain products.
You agree to pay all applicable Subscription fees made known to you when you order your Hairtex/ Biontrix Corp. products. We may use a third-party payment vendor to process your payment of Subscription fees. You warrant and represent that you are the valid owner or authorized user of the credit or debit card or other payment cards to a third-party payment vendor and that all information you provide is accurate. By subscribing, you authorize Hairtex/ Biontrix Corp. to charge your credit or debit card or other payment cards at the start of the Initial Term, and at the beginning of every renewed term, until you cancel the Subscription or the term of the Subscription expires. All prices indicated on this website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives at its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary significantly from country to country and will not be covered by Hairtex/ Biontrix Corp. We reserve the right to amend prices in the event of a change in value-added tax (VAT), duty, or international pricing.
It is important to note that when you sign up for the Initial Term, the Initial Term will be automatically renewed for additional periods of the same duration as the Initial Term at Hairtex/ Biontrix Corp.’s current price for the products you have subscribed to until you cancel your Subscription in accordance with these terms. The Initial Term Subscription requires a minimum of two (2) product deliveries. You cannot cancel your Subscription until you have received at least two (2) deliveries. After the second delivery, you may cancel your Subscription at any time by notifying our customer support team at Hairtex/ Biontrix Corp. or by logging into your account and clicking manage subscriptions (when applicable).
Prices displayed on the Website (including any shipping and handling charges) are quoted in the selected currency. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the price associated with your Subscription Membership, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes unless you cancel your subscription(s) in accordance with the cancellation policies.
You may cancel your subscription membership or customize future shipments at any time by contacting customer relations. Cancellation requests submitted in this manner must be received at least 3-5 full business days prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect differently. If you have signed up for a membership subscription and selected the 1-payment option, your payment will be depending on the products purchased billed to your credit or debit card associated with your account (“Payment Method”).
Please note that our office hours are M-F 9:00 AM–5:00 PM Pacific Standard Time (PST). Your right to the use of the Hairtex/ Biontrix Corp. Subscription and obtaining discounts on Hairtex/ Biontrix Corp. products are conditioned upon Hairtex/ Biontrix Corp. receiving your payment of the Subscription fees. If payment cannot be charged to your credit, debit, or other payment cards, or a charge is refunded or canceled for any reason, we reserve the right to suspend or terminate your account immediately. We are thereby terminating your Subscription and all our obligations under these terms. We reserve the right to change any of the fees that we charge or to institute new or additional fees, at any time upon notice to you.
Please note there may be some variation in the color of goods shown on the website due to the limitations of photographic and web processes. We cannot be held responsible for any variations in color that may arise caused by your browser or computer software. Hairtex/ Biontrix Corp. maintains this site and all the information, communications, software, scripting, photos, text, graphics, images, and other materials and services found on the site (collectively “Content”), for the use of its customers, employees, and members of the general public.
Shipping dates are estimates only. All shipments are sent via the Canada Postal Service or a suitable third-party carrier. The risk of loss and title for all products purchased via the Website pass to you upon delivery of the products to the carrier.
Mobile Terms of Service
The Hairtex/ Biontrix Corp. ® mobile message service (the “Service”) offered through Hairtex/ Biontrix Corp. ® (“Hairtex/ Biontrix Corp. ®”, “we”, or “us”) is provided by third-party. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. These Mobile Terms may also be revised by changes to the provider platform.
By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of Hairtex/ Biontrix Corp. ® through your wireless provider to the mobile number you provided. If your mobile number is wp-signup.phped on any Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hairtex/ Biontrix Corp. ®. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to the provided number or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Hairtex/ Biontrix Corp. ® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
You may opt-out of the Service at any time. Text the single keyword command STOP to the provided number or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Hairtex/ Biontrix Corp. ® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to the provided number or email us.
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Restrictions on Use of Content
You acknowledge that the Content is the property of the website owner and is protected in Canada and the U.S.A, and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, and other proprietary rights laws. In addition to the website owner’s ownership of the Content, the website owner or its licensors owns a copyright in the selection, coordination, and arrangement of the Content. Nothing contained in this site shall be construed as conferring any license or right to any copyright, trademark, or other proprietary interest of Hairtex/ Biontrix Corp. or any third party. The site and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of Hairtex/ Biontrix Corp., except that you may print a copy of the Content for personal, informational, non-commercial use provided that (i) all copyright, trademark, and other proprietary notices are kept intact, and (ii) the Content is not modified in any way. The permission terminates automatically if you breach any of the Terms of Use. the website owner is not granting you any permission to use the Content other than the permission expressly stated in these Terms of Use. We reserve the right to revoke your ability to access Services and the products offered on the Website for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. We may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
You agree not to use the Services to:
- - email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hairtex/ Biontrix Corp. is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Hairtex/ Biontrix Corp. or its users to any harm or liability of any type;
- - interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or violate any applicable local, state, national or international law, or any regulations having the force of law;
- - impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- - solicit personal information from anyone under the age of 18;
- - harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- - display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
- - further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- - obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating access rights or the account of such violators, and reporting you to the law enforcement authorities.
The Services are for your personal use. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
You may opt-out of the Service at any time. Text the single keyword command STOP to the provided number or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Hairtex/ Biontrix Corp. ® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
Third-Party Links or Websites
The site may contain hyperlinks to websites operated by parties other than the website owner. Such hyperlinks are provided for your reference only. The website owner does not control such websites and is not responsible for their content. The website owner’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. The website owner is not responsible for damages or losses caused by any delays, defects, or omissions that may exist in the services, information, or other content provided on such websites, whether actual, alleged, consequential, or punitive. The website owner makes no guarantees or representations as to and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, or timeliness of any electronic content. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. We do not investigate, monitor, or review any third-party websites or resources to ensure their accuracy, completeness, or appropriateness. Hairtex/ Biontrix Corp. makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Disclaimer of Warranty; Limitation of Liability; Indemnity
IN NO EVENT WILL THE WEBSITE OWNER, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Hairtex/ Biontrix Corp., its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use or misuse of, or access to, the Services, the Website, or your violation of these Terms, or infringement by you (or any third party using your account or identity in the Services) of any intellectual property or other rights of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
To the fullest extent permissible pursuant to applicable law, Hairtex/ Biontrix corp. Or its directors, employees, agents, partners, suppliers, or content providers assumes no liability, whether in contract, tort, strict liability, negligence, or any other legal or equitable theory for any direct, indirect, special, consequential, or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by Hairtex/ Biontrix corp., its agents, affiliates, joint venture partners, independent contractors, or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of these terms or the privacy policy.
Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing and signed by us.
These Terms shall be governed by and construed in accordance with the laws of Ontario, without regard to any conflicts of law provisions. Any cause of action with respect to this Website, the Services, the products, the subscription membership, or these Terms must be filed in GTA, Ontario, Canada within 1 year after the cause of action has accrued; unless such a filing is made in accordance with such rules, the cause shall be permanently barred.
You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages, or other materials (“Content”) that you upload, post, publish or display (collectively, “Upload”), whether publicly or privately transmitted, by email or otherwise via the Services. Content also includes Content provided by you through third-party services such as your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags, or otherwise interacts with Hairtex/ Biontrix Corp., the Services, or any of our products or services.
By uploading any Content, you hereby grant and will grant Hairtex/ Biontrix Corp. a nonexclusive, worldwide, royalty-free fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Content in connection with the operation of the Services, the Website, the products, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You represent and warrant that you own all rights, titles, and interests in and to such Content, including, without limitation, all copyright and rights of publicity contained therein.
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, mechanical, electronic or communications failure or degradation, or strikes or shortages of transportation facilities, fuel, energy, labor or materials.
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, mechanical, electronic or communications failure or degradation, or strikes or shortages of transportation facilities, fuel, energy, labor or materials.
We may assign, transfer, or delegate any of its rights or obligations under these Terms in its sole discretion and without consent. These Terms are personal to you, and you may not transfer, assign, or delegate your right and/or duties under these Terms to anyone else.
DISPUTE RESOLUTION.
a. Arbitration Agreement
You and Hairtex/ Biontrix Corp. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Commercial Arbitration Act, or other related acts, and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration.
You and Hairtex/ Biontrix Corp. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Commercial Arbitration Act, or other related acts, and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the Canadian arbitration association(“CAA”) and conducted under CAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “CAA Rules”) then in effect at the time of the dispute. You may obtain copies of the CAA Rules and forms and instructions for initiating an arbitration by visiting the CAA website, or by calling CAA
b. Class Action Waiver
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against Hairtex/ Biontrix Corp. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Hairtex/ Biontrix. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against Hairtex/ Biontrix Corp. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Hairtex/ Biontrix. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
a. Entire Agreement
These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof and supersede all prior oral or written understandings, communications, or agreements.
These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof and supersede all prior oral or written understandings, communications, or agreements.
b. Severability
If any provision of these Terms, or portion thereof, is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary and the remainder of these Terms will continue in full force and effect.
If any provision of these Terms, or portion thereof, is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary and the remainder of these Terms will continue in full force and effect.
c. Headings; Interpretation
The section headings in these Terms of Service are for convenience only and have no binding effect. Any use of the words “including”, “for example” or “such as” shall be read as being followed by “without limitation” where appropriate.
The section headings in these Terms of Service are for convenience only and have no binding effect. Any use of the words “including”, “for example” or “such as” shall be read as being followed by “without limitation” where appropriate.
Intellectual property, Trademarks, and Service Marks
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Website are the property of Hairtex/ Biontrix Corp. or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Hairtex/ Biontrix Corp. and their associated logos are trademarks of Hairtex/ Biontrix Corp. All other trademarks are the property of their respective owners. All of our Website’s content is copyrighted by Hairtex/ Biontrix Corp. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved. The trademarks, logos, and service marks (“Marks”) displayed on this site are wp-signup.phped, common law trademarks and are the property of the website owner or other third parties. You are not permitted to use the Marks without the prior written consent of the website owner or such third party which may own the Marks. Nothing on this site should be interpreted, by implication or otherwise, as granting permission or license to use the Marks, whether the website owner Marks or those of a third party. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in the form of written notification. The notification must be in writing and contain the following information:
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Website are the property of Hairtex/ Biontrix Corp. or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Hairtex/ Biontrix Corp. and their associated logos are trademarks of Hairtex/ Biontrix Corp. All other trademarks are the property of their respective owners. All of our Website’s content is copyrighted by Hairtex/ Biontrix Corp. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved. The trademarks, logos, and service marks (“Marks”) displayed on this site are wp-signup.phped, common law trademarks and are the property of the website owner or other third parties. You are not permitted to use the Marks without the prior written consent of the website owner or such third party which may own the Marks. Nothing on this site should be interpreted, by implication or otherwise, as granting permission or license to use the Marks, whether the website owner Marks or those of a third party. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in the form of written notification. The notification must be in writing and contain the following information:
- - Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- - Identification of the copyrighted work claimed to have been infringed;
- - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request us to remove and sufficient information to permit us to locate such material;
- - Your address, telephone number, and email address, if available;
- - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- - A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- - A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us related to the written notification and copyright infringement allegation.
We may assign, transfer, or delegate any of its rights or obligations under these Terms in its sole discretion and without consent. These Terms are personal to you, and you may not transfer, assign, or delegate your right and/or duties under these Terms to anyone else.
NOTICE REGARDING MEDICAL ADVICE.
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER IGNORE OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
FEEDBACK
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us or by reviewing a particular product. Feedback is non-confidential and shall become the sole property of Hairtex/ Biontrix Corp. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights for the Feedback. You hereby grant to us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works in any form (“Ideas”) to Hairtex/ Biontrix Corp. Notwithstanding the foregoing, Ideas that are offered or communicated to us through the Services or otherwise shall be our property, and may be treated by us as non-confidential information. In such case, you agree that: (1) Ideas (including its complete contents) submitted by you to Hairtex/ Biontrix Corp. will automatically become our property, without any compensation to you; (2) Hairtex/ Biontrix Corp. may use or redistribute Ideas and its contents for any purpose and in any way, without any compensation to you; (3) we have no obligation to review Ideas; and (4) we have no obligation to keep Ideas confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by us.
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. The views and nutritional advice expressed by Hairtex/ Biontrix Corp., are not intended to be a substitute for conventional medical services. Individual results may vary.
