Effective Date: February 2017
This website (“Site”) is the property of Theradome® Inc. (“Company”). Please read these terms of use (“Terms”) before using this Site. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site or order a product. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.
Copyright and License
The contents of the Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof together with all intellectual property interests therein, are the property of Company, ALL RIGHTS RESERVED Copyright © 2017 Theradome®, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:
- Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
- Sell, market, distribute, or make commercial use of the Site or any Content.
- Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
- Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
The names Theradome® and Theragrow™, and all of the other names and logos used on the Site to identify our product, product features or services, are all trademarks of Company (or, in a few cases, our suppliers or business partners). All slogans and our logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Meta tags or any other “hidden text” utilizing Theradome®, Theragrow™, or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein 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 thereof by us.
About Theragrow™
Theragrow™ is an FDA-cleared medical device intended to only treat women ages 18 to 65 years of age for androgenetic alopecia by promoting hair growth in females with female pattern hair loss (FPHL) on the Ludwig and Savin Hair Loss Scale I-II, Fitzpatrick Skin-Types I to IV. Please read all instructions in the safety manual enclosed with the product before use. Please be sure to follow all warning and safety information. Please save the instructions for future reference. You should consult a health care professional if you have any questions about whether use of Theragrow™ is appropriate for you.
Privacy
By using cookies and other methods, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. Static IP addresses are considered personal information. For mobile users accessing the Site, we automatically collect your Unique Device Identifier (“UDI”) which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a Static IP address or UDI. Company collects personally identifiable information volunteered by the user for promotions, e-commerce, or interactive elements. Company will not release credit card, financial or survey information to unauthorized third parties. For more information regarding Company’s privacy policy, please visit our privacy page.
Online Purchases
Your order is expressly conditioned on acceptance of this Agreement. If you order a product, payment must be received by Company prior to Company’s acceptance and execution of the order unless otherwise set forth in the terms of a specific promotion or offer. In the event certain customer information is missing or incorrect, Company may require additional information in order to fulfill your order as further described below.
You must be 18 years of age (or the age of majority in your state) to purchase Company’s products. Company reserves the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict Company’s ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales.
When ordering products, you hereby agree to provide valid, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or which you are authorized to provide. Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, invalid, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds.
Product Information, Pricing, Sales Tax, and Order Fulfillment
Company reserves the right, without prior notice, to discontinue or change product specifications and pricing at its sole discretion. While Company strives to ensure accurate, error-free pricing on the Site, Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. This includes changes/corrections after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, as applicable, your credit card may be refunded the full amount of your order.
Company does not accept wholesale orders in any form or manner and such sales are strictly prohibited. In the event that Company discovers orders that it has reason to believe were placed with the intent to commercially resell items offered on the Site, or to engage in other fraudulent activities, we will immediately cancel your order, suspend or terminate your account, and may pursue any and all legal remedies available to Company under applicable law.
Aside from any limited promotional offers to the contrary, Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States.
Company is required to collect applicable state and local sales tax on orders shipped to certain states and Company is required to follow the rules of each state. Your order will include the appropriate state and local taxes as required by law.
Company does not directly sell our product in any jurisdiction other than the USA as our products may not be approved for sale or use in other jurisdictions. While Company may choose to accept orders from non-U.S. residents, the user is responsible for compliance with all local, state/provincial or national laws and regulations regarding the sale and use of the product in his or her jurisdiction.
Return Address:
Theragrow c/o DCL
48819 Kato Road,
Fremont CA 94539
Unauthorized Use Prohibited
The user will not engage in the unauthorized use of the Site as determined by Company, or the impersonation/misappropriation of another user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
No Warranties
THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED HEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, OR DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS OREMPLOYEES, (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.
Indemnification
In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold the Released Parties, together with their respective licensors and suppliers, harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your order or account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Governing Law
The parties agree that the substantive law governing this agreement, including any claim, dispute, or controversy arising between Company and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of the State of California, without giving effect to any conflict of law provisions thereof.
ARBITRATION
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree thatall claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Alameda, State of California.You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply the Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
Further, in any such dispute, under no circumstances will a user be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.
You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing at corporate@theradome.com within 30 calendar days from the date of first use of the Site.
Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.