Terms & Conditions
1. Product Descriptions
Clearogen attempts to be as accurate as possible in its product, pricing, and rebate information; however, Clearogen 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, Clearogen 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, Clearogen will, at Clearogen’ 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 Clearogen, you consent to receive periodic email communications from Clearogen/SCM Products Inc. concerning Clearogen 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 Clearogen’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org or to the attention of Clearogen 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) Clearogen HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND
PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Clearogen 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. , Clearogen 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. Clearogen 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 Clearogen IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Clearogen 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 Clearogen 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 Clearogen AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO Clearogen 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 Clearogen 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 Clearogen 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. General This Agreement constitutes the entire agreement between Clearogen 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 Clearogen. 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.