FOLLIBOOST ™FOLLIBOOST ™OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER HTTPS://TRICHOLABS.COM/. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 13 AND 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of https://tricholabs.com/, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Tricho Labs (“Tricho Labs,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://tricholabs.com/pages/terms-of-use). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
OVERVIEW
TABLE OF CONTENTS
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the
age of majority in your state or province of residence. If you use the Website, you are
affirming that you have the legal capacity to enter into a binding contract with us, and
have read this Agreement and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our privacy policy may be viewed at https://tricholabs.com/pages/privacy-policy.
The Privacy
Policy is hereby incorporated into these Terms by reference and constitute a part of these
Terms. Tricho Labs reserves the right to modify the privacy policy at its sole discretion.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and
other intellectual property laws. You do not acquire any ownership or other rights by
downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any
unlawful manner. You further agree not to commit any unlawful act or attempt to commit any
unlawful act on or through the Website including, but not limited to: (1) hacking and other
digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory
material; or (3) any other unlawful act.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY HAIRCARE
REGIMEN
You agree that any products or services you purchase from Tricho Labs and/or our Website will
be used for your personal, non-commercial use. You agree that you will not resell,
re-distribute, modify, or export any product that you order from the Website.
Tricho Labs does not make any guarantee that you will accomplish your beauty goals. All
products are to be used as a part of a healthy haircare regimen. Your results may vary.
5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
The material on the Website is provided for general informational purposes only and is not
intended as medical advice, or as a substitute for the medical advice of a physician. The
statements made on this Website have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure or prevent any disease. You should consult
your physician before using any of our products or relying on any information provided by
Tricho Labs.
While we endeavor to provide accurate and current information on our Website, there may be
information on our Website that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, and availability. We reserve the right to correct any errors,
inaccuracies, or omissions, and to change or update information or cancel orders if any
information on the Website or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to modify the
contents of this Website at any time, but we have no obligation to update any information on
our Website. You agree that it is your responsibility to monitor changes to our
Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (or any part
or content thereof) without notice at any time. We shall not be liable to you or to any
third-party for any modification, suspension, or discontinuance of access to the Website.
Certain products or services may be available exclusively online through the Website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Shipping and Returns
Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of
products or product pricing are subject to change at any time without notice, at our sole
discretion. Any offer for any product or service made on this Website is void where
prohibited.
7. PAYMENT
All charges are in U.S. Dollars. We accept credit and debit cards from Visa, MasterCard,
American Express, and Discover.
By submitting credit card information or other payment information to us, you represent and
agree that: (i) you are fully entitled to use that card or account; (ii) all payment
information provided is complete and accurate; (iii) you will be responsible for any credit
card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated
credit card information from your credit card issuer, such as updated card numbers and
expiration date information when your credit card has expired. If such updated information
is provided to us and our third-party payment service providers, we will update your account
information accordingly. Your credit card issuer may give you the right to opt out of
providing vendors and third-party payment service providers with your updated credit card
information. If you wish to opt out of your credit card’s updating service, you should
contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may
apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill
you directly and seek payment by another method including a mailed statement.
To change the card you have on file, please log into your account. You may also visit Tricho
Labs’ FAQ for additional instructions.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our
acceptance of your order. We reserve the right to accept or deny shipment to anyone for any
reason. In the event we deny your order, you will receive a refund to your original form of
payment. You understand and agree that we will not be liable for any losses or damages that
may result from our refusal to provide you any service or product. We reserve the right to
require additional information before processing any order.
9. SHIPPING
Tricho Labs ships to addresses located in the United States free of charge. Orders to
addresses located outside of the United States are subject to additional shipping charges.
Orders generally ship within 2-3 business days of order placement. Orders to addresses in
the United States typically arrive within 5-7 business days of placing an order. Delivery
time for international orders varies based on location.
Accurate shipping address and phone number are required. We are not responsible for late
shipments/missing shipments if you enter incorrect shipping address information. If you
discover that you have made a mistake with your order after it has been submitted, please
contact Tricho Labs immediately by email at [email protected].
You must contact us as soon as
possible in order to modify or cancel your pending order. However, we try to ship the same
day that you order, so we cannot guarantee that we will be able to amend your order in
accordance with your instructions.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you
agree that any delivery confirmation provided by the carrier is deemed sufficient proof of
delivery to the card holder, even without a signature.
11. RETURNS, EXCHANGES AND REFUNDS
Your satisfaction is our top priority. Tricho Labs makes it easy to return or exchange
products. If you are unsatisfied with our product, or if it arrives damaged, you may return
or exchange the product within 30 days (or the number of days specified on the landing page
you purchased on) of receiving your order according to the following terms. After 30 days
(or the number of days specified on the landing page you purchased on) all sales are
final.
To obtain a full refund, you must return the product in like-new condition or, for
supplements, any empty or unused portion of your order. Your return must be approved and
your return request must be received within 30 days (or the number of days specified on the
landing page you purchased on) of the date your return is approved. Your refund will be
processed once we receive the returned product.
We are not responsible for lost or stolen items. We recommend all returned items to be sent
using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 5-10 business days or
sooner to process your refund. Once a return is processed, it usually takes 30 business days
for this return to be posted to your account, depending on your financial institution.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including
comment sections, feeds, and other elements of social media presence viewable on Facebook,
Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other
available external third-party social media platforms we may utilize (“Social Media
Presence”).
Social media platforms are places of public information exchange, and you should have no
expectation of privacy when using them. Specifically, neither these Terms nor our Privacy
Statement apply to our Social Media Presence. The sites and platforms that host our Social
Media Presence are not controlled by us and therefore have their own privacy policies and
terms of use. The comments and opinions expressed by users on social media are theirs alone
and do not reflect the opinions of Tricho Labs. Comments that some would consider
inappropriate or offensive may appear on our Social Media Presence and may remain there
until they have been identified by us or called to our attention and we are able to work
through the necessary procedures and technical processes to have them removed. If you see an
offensive or inappropriate post or comment on our Social Media Presence, you should report
it to the operator of the applicable site or platform using the procedures they have
established for that purpose.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS
PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY
DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS
WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL TRICHO LABS OR
ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM
OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S
USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER TRICHO LABS HAS
HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES,
WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST
OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER
IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF,
NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, TRICHO LABS IS FOUND LIABLE
UNDER ANY THEORY, TRICHO LABS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD
$500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER
TRICHO LABS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION
WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH TRICHO LABS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST
BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE
THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT
EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS
OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF
AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST
FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim”
means any dispute between you, Tricho Labs, or any involved third-party relating to
your account, your use of the Website, your relationship with Tricho Labs, these
Terms, or the Privacy Policy. This includes any and all claims that relate in any
way to your use or attempted use of the products, and any act or omission by Tricho
Labs or any third-party related to your use or attempted use of the products. You,
Tricho Labs, or any involved third-party may pursue a Claim. Tricho Labs agrees to
final and binding confidential arbitration should it have any Claims against you.
Likewise, you agree to final and binding confidential arbitration should you have
any Claims against Tricho Labs. By agreeing to arbitrate, you waive the right to go
to court and agree instead to submit any Claims to final and binding confidential
arbitration. You further agree that all claims must be arbitrated on an individual
basis and not on a class basis, only individual relief is available, and that claims
of more than one customer cannot be arbitrated or consolidated with those of any
other customer. This arbitration provision sets forth the terms and conditions of
our agreement to final and binding confidential arbitration and is governed by and
enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as
amended.
Notwithstanding anything to the contrary herein, (a) a representative action for
public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal.
Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et
seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be
arbitrated on a class basis, (b) in the event that the foregoing clause is deemed
invalid or unenforceable, a representative action for public injunctive relief
pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et
seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False
Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state
or federal courts located in New York on a class basis, and (c) any claims other
than for public injunctive relief must be arbitrated on an individual, non-class
basis as otherwise set forth in this Section.
b. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential
arbitration, you and Tricho Labs both retain the right to pursue, in small claims court,
any claim that is within that court’s jurisdiction and proceeds on an individual
(non-class) basis, including overdue account matters within the small claims court’s
jurisdiction. Tricho Labs will not demand arbitration in connection with any individual
claim that you properly file and pursue in a small claims court, so long as the claim is
and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be
adjudicated only in the state or federal courts located in New York: (i) an action by
Tricho Labs relating to the infringement or validity of our proprietary rights,
including without limitation, trademarks, service marks, trade dress, copyrights, trade
secrets, or patents; or (ii) an action by Tricho Labs for temporary, preliminary, or
permanent injunctive relief, whether prohibitive or mandatory, or other provisional
relief, against you for breach or threatened breach of this Agreement. You expressly
agree to refrain from bringing or joining any claims that are excluded from final and
binding arbitration pursuant to this subsection “b” in any representative or class-wide
capacity, including but not limited to bringing or joining any claims in any class
action or any class-wide arbitration. Small claims matters may be filed in any small
claims court with personal and subject matter jurisdiction over the parties. For all
other matters excluded from final and binding arbitration by this subsection “b,” the
parties consent to exclusive jurisdiction and venue in the state and federal courts
located in New York, and forever waive any challenge to said courts’ jurisdiction and
venue.
c. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we
agree to first contact the other with a written description of the dispute, which
shall include all relevant documents and information, and the proposed resolution.
You may send the written description of any dispute you have with us by U.S. Mail to
Tricho Labs, Attn: Legal Department, 90 State Street, Ste. 700, Office 40, Albany,
New York 12207-1707. Tricho Labs will contact you by letter at the billing address
you provided to us or at the email address you provided to us. You agree to
negotiate with Tricho Labs or its designated representative in good faith about your
problem or dispute. If for some reason the dispute is not resolved within 60 days
after receipt of the written dispute, we agree to the dispute resolution provisions
below. Notwithstanding the foregoing or any other term of this arbitration
agreement, we will have the right to seek injunctive or other equitable relief in
state or federal court located in New York to enforce these Terms or prevent an
infringement of a third-party’s rights or our intellectual property rights, as
stated in subsection “b” above. You hereby expressly consent to, and forever waive
any challenge to, the exclusive personal jurisdiction and venue of said courts in
such actions.
d. Commencing Arbitration
You and Tricho Labs agree to commence any arbitration proceeding within 1 year after
the Claim arises (the 1 year period includes the required pre-dispute procedures set
forth above) and that any arbitration proceeding commenced after 1 year shall be
forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted
by telephone or by written submissions. Otherwise, the arbitration shall be
conducted in New York unless Tricho Labs otherwise agrees to arbitrate in another
forum requested by you.
f. Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b”
above shall be submitted to final and binding confidential arbitration before a single
arbitrator of the American Arbitration Association (“AAA”). Either party may commence
the arbitration process by submitting a written demand for arbitration with the AAA, and
providing a copy to the other party, within the time period set forth in subsection “d”
above. The arbitrator shall be selected by agreement of the parties or, if the parties
cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be
conducted in accordance with the provisions of the AAA’s Consumer Arbitration Rules, in
effect at the time of submission of the demand for arbitration. The AAA’S Rules are
available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the
exclusive and sole authority to resolve any dispute relating to the interpretation,
construction, validity, applicability, or enforceability of these Terms, the Privacy
Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole
authority to determine whether any dispute is arbitrable. The arbitrator shall have the
exclusive and sole authority to determine whether this arbitration agreement can be
enforced against a non-signatory to this agreement and whether a non-signatory to this
agreement can enforce this provision against you or Tricho Labs.
g. Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s
Rules.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of Colorado without regard
to its conflicts of laws principles. Any award rendered shall include a confidential
written opinion and shall be final, subject to appeal under the FAA. Judgment on the
award rendered by the arbitrator may be entered in any court of competent jurisdiction.
i. Enforceability
This provision survives termination of your account or relationship with Tricho Labs,a
bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable
(i.e., unenforceability would allow arbitration to proceed as a class or representative
action), then this entire arbitration provision shall be rendered null and void and
shall not apply. If a portion of this arbitration provision (other than the class action
waiver) is deemed unenforceable, the remaining portions of this arbitration provision
shall remain in full force and effect.
j. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular
Claim will not constitute a waiver of any rights to require arbitration at a later time or in
connection with any other Claims except all Claims must be brought within the 1 year limitation
period set forth above. This provision is the entire arbitration agreement between you and
Tricho Labs and shall not be modified except in writing by Tricho Labs.
k. Amendments
Tricho Labs reserves the right to amend this arbitration provision at any time. Your continued
use of the Website, purchase of a product on or through the Website, or use or attempted use of
a Tricho Labs product, is affirmation of your consent to such changes. Should the changes to
this arbitration provision be material, Tricho Labs will provide you notice and an opportunity
to opt-out. Your continued use of the Website, purchase of a product on or through the Website,
or use or attempted use of a Tricho Labs product, is affirmation of your consent to such
material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING,
FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION
WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT
PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT TRICHO LABS,
ATTN: LEGAL DEPARTMENT, 90 STATE STREET, STE. 700, OFFICE 40, ALBANY, NEW YORK 12207-1707. FOR
YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT
YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED,
USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT
ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION
AS SET FORTH IN THIS AGREEMENT.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Tricho
Labs, its parent, subsidiaries, predecessors, successors and affiliates, and their respective
partners, officers, directors, agents, representatives, contractors, licensors, service
providers, subcontractors, suppliers, interns, and employees, from and against any and all
claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind,
including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in
any way connected with or related to (1) your breach of these Terms, the documents they
incorporate by reference, or the Agreement; (2) your breach of any representations or warranties
in this Agreement; or (3) your violation of any law or the rights of a third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are
not liable for any third-party materials or websites. Please review carefully the third-party’s
policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to
the third-party.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Tricho Labs may use testimonials and/or product reviews in whole or in part together with the
name and state/country of the person submitting it. Testimonials may be used for any form of
activity relating to Tricho Labs’ products, in printed and online media, as Tricho Labs
determines in its absolute discretion. Testimonials represent the unique experience of the
customers submitting the testimonial, and do not necessarily reflect the experience that you may
have using our products. As noted in Section 4 above, your results will vary depending upon a
variety of factors unique to you, such as your age, health, and genetics.
Anything that you submit or post to the Website and/or provide us, including without limitation,
photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, “Submissions”) is and will be treated as non-confidential and
nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and
transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit,
adapt, and create derivative works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent
and warrant that you are the owner or have sufficient rights to share the Submissions with us.
All Submissions shall automatically become our sole and exclusive property and shall not be
returned to you.
Additionally, Tricho Labs reserves the right to correct grammatical and typing errors, to
shorten testimonials prior to publication or use, and to review all testimonials prior to
publication or use. Tricho Labs shall be under no obligation to use any, or any part of, any
testimonial or product review submitted. If you submit a testimonial, you are confirming that
you have read, understood and agree to these Terms. If you disagree with any part of these
Terms, do not submit a testimonial.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an e-mail address,
for notifications of claimed infringement regarding materials posted to this Website. All
notices should be addressed to the contact person specified below (our agent for notice of
claimed infringement):
Tricho Labs
Attn: DMCA Agent
90 State Street, Ste. 700
Office 40
Albany, New York, 12207-1707
DMCA Agent’s Email Address: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints
regarding allegedly infringing posted material and we will investigate those complaints. If the
posted material is believed in good faith by us to violate any applicable law, we will remove or
disable access to any such material, and we will notify the posting party that the material has
been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires
that you include the following information: (i) description of the copyrighted work that is the
subject of claimed infringement; (ii) description of the infringing material and information
sufficient to permit us to locate the alleged material; (iii) contact information for you,
including your address, telephone number and/or e-mail address; (iv) a statement by you that you
have a good faith belief that the material in the manner complained of is not authorized by the
copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed
under penalty of perjury, that the information in the notification is accurate and that you have
the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to act on the copyright
owner’s behalf. Failure to include all of the above-listed information may result in the delay
of the processing of your complaint.
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well
as notices, disclosures, agreements, and other communications that we provide to you
electronically, are equivalent to communications in writing and shall have the same force and
effect as if they were in writing and signed by the party sending the communication.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and
void. Tricho Labs and its affiliates may, in their individual discretion, transfer, without
further consent or notification, all contractual rights and obligations pursuant to these Terms
if some or all of Tricho Labs’ business is transferred to another entity by way of merger, sale
of its assets or otherwise.
22. NO WAIVER
No waiver by Tricho Labs of any term or condition set forth in these Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure by Tricho Labs to assert a right or provision under these Terms shall
not constitute a waiver of such right or provision.
23. NO AGENCY RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and us as a
result of you receiving a product from us or from using this Website.
24. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
Such determination shall not affect the validity and enforceability of any other remaining
provisions.
25. TERMINATION
In the event that we terminate this Agreement, Sections 2-3, 13-16, 19-24, 26, as well as any
representations, warranties, and other obligations made or taken by you, shall survive the
termination of this Agreement.
26. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding between you and
Tricho Labs, and supersedes and replaces any prior or contemporaneous agreements. Any
ambiguities in the interpretation of these Terms or the Agreement shall not be construed against
the drafting party.
27. QUESTIONS OR ADDITIONAL INFORMATION
If you purchased a product or service through the Website, please contact the Tricho Labs Team at:
Tricho Labs
90 State Street, Ste. 700
Office 40
Albany, New York, 12207-1707
Tel: (833) 287-4246
Email: [email protected]
You may also locate additional information about Tricho Labs and our products by visiting tricholabs.com.