Advanced Skin and Hair Inc. d/b/a Revivogen
herein sets forth the Terms and Conditions governing
your use of the website. Because these Terms and
Conditions contain legal obligations (including
limitations on liability and arbitration
provisions), please read them carefully. By using
this site and/or placing an order with Revivogen you
agree to be bound by these terms and the Revivogen
Privacy Policy and Refund Policy (each of which are
incorporated herein by reference) and consent to
have this Agreement provided to you in electronic
form. Should you object to any term or condition
stated herein, your only recourse is to immediately
discontinue use of the Site.
PLEASE NOTE: Revivogen contains only natural ingredients and is not a drug. As a result, neither the product nor this website have been reviewed, tested or approved by the Food and Drug Administration or the MHRA. Revivogen is not a drug, medication, treatment or cure for hair loss, thinning hair, or to regrow hair. Revivogen is not recommended for Alopecia Areata, Alopecia Totalis, Fungal and other scalp Infections, hair loss due to Drug Reactions or Chemotherapy, and Systemic Diseases such as Diabetes and Systemic Lupus. The contents of this site should not be used for the purposes of self diagnosis. You should consult with a medical professional if you suffer from hair loss before any treatment
1. Product Descriptions
Revivogen attempts to be as accurate as
possible in its product, pricing, and rebate
information; however, Revivogen 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, Revivogen 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, Revivogen will, at
Revivogen' 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 Revivogen,
you consent to receive periodic email
communications from Revivogen concerning
Revivogen' 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 Revivogen's
agent for notice of claims of copyright or other
intellectual property infringement ("Agent"), at
[INSERT EMAIL ADDRESS] or to the attention of
Revivogen 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)
REVIVOGEN HEREBY DISCLAIMS ALL WARRANTIES. THE
WEBSITE AND
PRODUCTS ARE PROVIDED "AS IS" AND "AS
AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY
LAW, REVIVOGEN 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. , REVIVOGEN
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. REVIVOGEN 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 REVIVOGEN IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT
SHALL REVIVOGEN 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 REVIVOGEN 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
REVIVOGEN AND LICENSORS AND SUPPLIERS TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
AGGREGATE PRICE YOU PAID TO REVIVOGEN 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 REVIVOGEN
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.
5. Termination
Revivogen 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.
6. Arbitration
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.
7. General
This Agreement constitutes the entire
agreement between Revivogen 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 Revivogen. 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.
NOTICE OF ARBITRATION AGREEMENT
This agreement provides that all
disputes between you and REVIVOGEN will
be resolved by BINDING ARBITRATION. You
thus GIVE UP YOUR RIGHT TO GO TO COURT
to assert or defend your rights under
this contract (EXCEPT for matters that
may be taken to SMALL CLAIMS COURT).
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Your rights will be determined
by a NEUTRAL ARBITRATOR and NOT
a judge or jury. |
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You are entitled to a FAIR
HEARING, BUT the arbitration
procedures are SIMPLER AND MORE
LIMITED THAN RULES APPLICABLE IN
COURT. |
Arbitrator decisions are as
enforceable as any court order and
are subject to VERY LIMITED REVIEW
BY A COURT.
FOR MORE DETAILS