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Terms & Conditions

Welcome to the Clearista website. Please read and review these Terms of and Conditions of Use carefully before accessing or using this website. By accessing or using this website, you acknowledge that you have read, understood and agree to these Terms and Conditions of Use. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Clearista website constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms and Conditions of Use, you may not access or use this website. Clearista reserves the right to revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current terms, because they are binding on you.

 

DISCLAIMERS OF LIABILITY AND WARRANTIES

BY USING THIS WEBSITE YOU HEREBY AGREE NOT TO RELY ON ANY OF THE INFORMATION CONTAINED HEREIN. YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK. CLEARISTA RESERVES THE RIGHT TO MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEARISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CLEARISTA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLEARISTA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clearista, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct) by you. Clearista reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Clearista in asserting any available defences.

 

MEDICAL INFORMATION

This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and for your general interest only. It is not intended to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing or treating a health problem or disease. Please consult with your doctor, or see our list of sites offering Clearista, to see if any product discussed at this website is appropriate for you.

 

LINKS TO OTHER SITES

This website may provide links or references to sites maintained by third-parties over which Clearista has no control. Such links or references are provided as a convenience to the users of this website. Similarly, this website may be accessed from third-party links over which Clearista has no control. Clearista has no responsibility for and makes no representations or warranties of any kind for the content of other sites linked to this site, or for any products or services mentioned or offered on such sites. Clearista shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this website and Clearista makes no representations or warranties of any kind whatsoever for the content of other sites or for any products or services mentioned or offered on such sites. You access such other sites solely at your own risk. The inclusion of any third-party link does not constitute an endorsement or recommendation by Clearista. Third-party websites may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications, formulations and/or restrictions in different countries. You should not construe anything on this Clearista website as a promotion or solicitation for any third-party product, or for use of any Clearista or third-party product that is not authorized by the laws and regulations of the country in which the website user is located.

 

APPLICABLE LAW

This website and its content are intended to comply with the laws and regulations in the United States of America, and the information pertaining to Clearista’ products is intended for use only by residents of the United States of America. Clearista makes no representation or warranty that the information in the website is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access this website from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this website is void where prohibited. You may not use or export the information contained in this website in violation of U.S. export laws and regulations.

 

COPYRIGHT

All content (including, without limitation, website design, text, graphics, icons and the selection and arrangement thereof) of this website is the property of Clearista, or used under license by Clearista, and is subject to copyright protection. Clearista does not waive any of its proprietary rights to such content. Clearista authorizes you to display and electronically copy, download and print hard copy, for non-commercial use only, documents or pages published by Clearista on this website, provided that any copy of these documents or pages which you make shall retain all copyright or proprietary notices and any disclaimers contained herein. Any other use of materials on the website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Clearista, is prohibited. The availability of any contents through this website shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of Clearista to any website user or any third-party. This website and the content are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any content you obtain from this website.

 

TRADEMARKS

All logos, trademarks and service marks (hereinafter collectively referred to as “Trademarks”) displayed on this site, whether or not appearing in large print or with or without the trademark symbol, are registered and unregistered Trademarks of Skincential Sciences, Inc. and its related companies, or of third-parties. Use of the Trademarks displayed on this site, or any other content on the site, except as provided herein, is strictly prohibited. Nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Skincential Sciences, Inc. or such third-party that may own the Trademarks displayed at the site. Furthermore, please be advised that Skincential Sciences, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

SUBMISSION OF IDEAS

Clearista appreciates hearing from its customers and welcomes your comments regarding this site and/or Clearista’ products. However, it is our policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. We employ a staff and consultants that may be working on ideas that are the same or similar to yours. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about the proposed idea, your message will be treated as non-proprietary and non-confidential and becomes our property. Clearista shall be free to use the content of any such communication including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services at our sole discretion, without compensation to you.

 

PRIVACY STATEMENT

Clearista respects the privacy of every individual who visits our website or responds to our interactive advertisements. Please see our Privacy Statement that explains your rights and responsibilities with respect to information that is disclosed on this site.

 

TERMINATION OR MODIFICATION OF THIS AGREEMENT

Clearista reserves the right to change the terms, conditions and notices to this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from this website.

 

GOVERNING LAW

This Terms and Conditions of Use agreement and your use of the website or the information contained therein shall be governed by the laws of the United States of America and the State of Delaware, without regards to its conflict of laws provisions. Any legal action or proceeding relating to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California.

 

MISCELLANEOUS

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Clearista and Skincential Sciences, Inc. regarding all aspects of your use of this website

 

PRODUCT DISCLAIMER

Cosmetic use of Clearista Refining Pen™ and the Clearista Retexturizing Gel™ is not intended to affect the structure or function of any living tissues in the body.

 

Copyright © 2015 Skincential Sciences