As of February 28, 2020
Welcome to the StriVectin website.
We may supply different or additional terms in relation to some of our Products or services, such as our loyalty program, InnerCircle. In the event you sign up for services or purchase Products that are subject to different or additional terms, those terms become part of your agreement with us. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
If you are in the United Kingdom and place an order for Products from our Site (“UK Customers”), our UK Terms of Sale will apply to your order. If there is a conflict between these Terms and our UK Terms of Sale, the UK Terms of Sale will control for that conflict.
These Terms are subject to change from time to time in our sole discretion. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice on the Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Site.
Nothing in these Terms shall affect your statutory rights under applicable law.
2. DISCLAIMER OF WARRANTY
Your use of our Site is at your sole risk.
Except as otherwise provided in a writing by us, our Site and all content, materials, Products, services and information made available on or through the Site are provided on an "as is" and "as available" basis, without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, StriVectin does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While StriVectin attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
3. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, StriVectin and our directors, officers, employees, agents, contractors, successors or assigns (individually and collectively, the “StriVectin Parties”), shall not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if StriVectin or the other StriVectin Parties have been advised of the possibility of such damages.
The total liability of StriVectin and the other StriVectin Parties for any claim arising out of or relating to these Terms or the Site, Products or StriVectin services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to StriVectin in the twelve (12) months immediately preceding the date on which the claim arose.
The limitations set forth in this section will not limit or exclude liability for personal injury resulting from our negligence, gross negligence, fraud or fraudulent misrepresentation, or intentional misconduct of StriVectin or the other StriVectin Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
UK Customers: The provisions of this section 3 relate to your use of the Site only and do not affect the statutory rights of UK consumers in connection with the order of Products from this Site. Such orders shall be subject to our UK Terms of Sale.
4. OWNERSHIP; LIMITED LICENSE
The Site, including the code, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software and other content contained therein, are owned by StriVectin or our licensors and are protected under both United States and international laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your retail use only as a consumer. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
5. TRADEMARKS AND COPYRIGHTS
The STRIVECTIN name and our logos, our Product or service names, our slogans and the look and feel of the Site are trademarks of StriVectin and may not be copied, imitated or used, in whole or in part, without our prior written permission. StriVectin prohibits use of the StriVectin logo or other proprietary graphics or trademarks as a link to any website unless creating such a link is approved in advance by StriVectin in writing.
All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about StriVectin, the Site, Products or StriVectin services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in StriVectin’s sole discretion. You understand that StriVectin may treat Feedback as nonconfidential.
7. THIRD PARTY WEBSITES
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Third-Party Content is independent from StriVectin, and StriVectin has no control over, or responsibility with respect to, the information provided in any Third-Party Content. A link to Third-Party Content does not mean that StriVectin endorses, recommends, sponsors or approves that website. Navigating to third-party sites is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with the third parties that operate those sites. StriVectin does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. StriVectin encourages you to exercise discretion browsing the internet.
8. PROHIBITED CONDUCT
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:
- Use the Site other than for your personal, non-commercial use;
- Monitor, gather or copy content from the Site using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- Modify our Site, such as by using framing techniques, to remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Engage in any activity that could interferes with, disrupt, negatively affect or inhibit another user's access to the Site or impair the proper operation of the Site;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Use or attempt to use another user’s account without authorization from that user and StriVectin;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Bypass or ignore instructions contained in our robots.txt file; or
- Engage in, encourage or promote any activity that violates these Terms.
9. USER CONTENT
Our Site may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and StriVectin.
You grant StriVectin a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Without limiting the foregoing, you may not create, post, store or share any User Content that:
- Is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, indecent, lewd, suggestive, harassing, invasive of privacy or publicity rights, abusive, or fraudulent
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, Products or services, or may expose StriVectin or others to any harm or liability of any type.
StriVectin reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular internet address to the Site. Enforcement of this section is solely at StriVectin's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
10. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify StriVectin’s designated agent as follows:
Designated Agent: StriVectin Operating Company, Inc
Address: 285 Madison Ave, Suite 1200
New York, New York 10017
Telephone Number: (212) 220-3400
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to StriVectin for certain costs and damages.
11. PAYMENTS; ORDERING; BILLING
When placing an order for any Product, you will provide accurate and up-to-date payment information and have sufficient funds or credit available on your payment method to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). Order Confirmations can sometimes take up to 24 hours to receive due to high demand. If you have not received your Order Confirmation email after 24 hours, please contact us at email@example.com.
We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such fees. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order. Please note that if you are a UK Customer this section will not apply to you.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, 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. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
UK Customers: If you are in the UK and place an order for Products from our Site, our UK Terms of Sale will apply to your order, including the delivery, payments and returns of such Products.
12. PRODUCT DESCRIPTIONS
StriVectin attempts to be as accurate as possible in its Product descriptions. However, StriVectin does not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current or error free. If a Product offered by StriVectin is not as described, your sole remedy is to return the Product in accordance with our Returns Policy, unless otherwise specified in writing by us. Nothing in this section affects your statutory rights under applicable law.
13. LIMITED AVAILABILITY AND PRICE
StriVectin attempts to provide accurate pricing information regarding our Products. However, we cannot insure against pricing errors. In the event a Product is listed at an incorrect price, StriVectin shall have the right, in its sole discretion, to refuse or cancel any orders placed for a Product listed at the incorrect price. If this occurs, we will notify you by email and cancel the item from your order.
A Product may be listed as being in stock on the Site when you place an order but sold out when we attempt to process the order. In these rare cases, we will notify you by email and cancel the item from your order.
A Product may sometimes be listed for sale before it has been manufactured or arrived at our warehouse. When you pre-order these Products, we will ship them out once they are available. In rare cases, pre-ordered Products may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
If your credit card has already been charged for a purchase before your order, or any part of your order, is canceled, StriVectin shall issue a credit to the payment method used for the purchase in the amount of the cancelation.
StriVectin also reserves the right to limit the number of Products you may purchase through the Site.
Your order will be fulfilled within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
Your order will be delivered to the shipping address that you specify when placing your order. If we are unable to deliver to your shipping address, for example if your shipping address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.
Any Products ordered will be at your risk from the time you receive the Products. Ownership of Products ordered will also pass to you upon your receipt of the Products, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
We generally accept returns on both new and gently used Products purchased from the Site if requests are submitted within 30 days of receiving the order being shipped. To learn more about our returns policy or to start a new return, visit the Returns page. UK Customers can find detailed information about Returns in our UK Terms of Sale.
16. MODIFYING AND TERMINATING OUR SERVICES
StriVectin may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of the Site including, without limitation, any content, Products, services or prices offered through the Site. StriVectin shall not be liable to you or any third party should it exercise this right to modify or discontinue the Site.
17. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
18. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless StriVectin and the StriVectin Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)..
You agree to promptly notify StriVectin of any third-party Claims, cooperate with StriVectin in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that StriVectin and the StriVectin Parties will have control of the defense or settlement of any third-party Claims , at their sole discretion. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and StriVectin or the other StriVectin Parties.
UK Customers: The provisions of this section 19 relate to your use of the Site only and do not affect the statutory rights of UK consumers in connection with the purchase of Products on this Site. Such orders shall be subject to our UK Terms of Sale.
20. ENFORCEABILITY AND GOVERNING LAW
In the event that any provisions of these Terms shall be held by a court of competent jurisdiction to be unlawful, void or unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of the Site (including to purchase Products) and these Terms are governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You will not commence or prosecute any action, suit, proceeding or claim against StriVectin arising from or relating to the Site, Products or StriVectin services other than in the federal or state courts having jurisdiction over New York County, New York. You irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding or claim arising from or relating to the Site, Products or StriVectin services.
StriVectin's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by StriVectin in writing.
UK Customers: The governing law will be that as set out in our UK Terms of Sale
21. NO REPRESENTATIVE ACTIONS.
To the fullest extent permitted by applicable law, you and StriVectin agree that any dispute arising out of or related to these Terms or the Site, Products or StriVectin services is personal to you and StriVectin and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You must be at least 18 years of age to use our Site. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
To the fullest extent permitted by applicable law, you release StriVectin and the other StriVectin Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
25. CONTACT US
Address: 285 Madison Ave Suite 1200, New York, NY 10017, USA