Please review the following terms of use ("Agreement"), which
govern your use of triabeauty.com and trytrialaser.com (the "Site") and
the shopping and other services (the "Services") offered on the Site.
This Agreement governs your use of the Services offered on the Site,
including participation in any areas of the Site that are available for
public comments, ratings and reviews, or other user content. Please read
the requirements of this Agreement carefully. Your use of the Site
and/or registration for any Services will constitute your agreement to
comply with the terms of this Agreement. If you cannot agree to and
comply with this Agreement and its requirements, please do not use the
Services and exit the Site.
PRIVACY POLICY
In addition to reviewing this Agreement, you should also read our
Privacy Policy
to better comprehend how we collect and use your personal information. Your use of the Site and its Services constitutes your agreement to the terms and conditions of the Privacy Policy.
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Tria Beauty reserves the right, at any time and without prior notice, to
modify, alter or update this Agreement. The date of the most recent
revision will appear on this page. Continued access to the Site and use
of the Services by you will constitute your acceptance of any changes or
revisions to the Agreement.
Tria Beauty also reserves the right to post, from time to
time, additional rules of usage that apply to specific parts of the
Site, which may be posted in the relevant parts of the Site, and will be
clearly identified. Your continued use of the Site constitutes your
agreement to comply with these additional rules.
For additional terms of use that govern sections of the Site where you can submit content, such as the Customer Ratings and Reviews, Questions & Answers, and Share Your Real Stories sections, please see the
User Content Terms of Use.
SUSPENSION OR TERMINATION OF YOUR USE
Your
failure to follow the requirements of this Agreement may result in
suspension or termination of your access to the Services, without
notice, in addition to Tria Beauty's other remedies. Tria Beauty further
reserves the right to terminate, without notice, any user's access to or
use of the Site for any reason.
TERMINATION
Tria Beauty reserves the right without notice, at any time and for any reason, to terminate the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by Tria Beauty. Unless
otherwise noted, the design and content features on the Site, including
information and other materials, illustrations, product layout and
design, icons, navigational buttons, images, artwork, graphics,
photography, text, data, audio sound, software and the like, as well as
the selection, assembly and arrangement thereof (the "Site
Information"), are owned by Tria Beauty or its affiliates or are
licensed from third party service providers by Tria Beauty. The Site, as
a whole and in part, is protected by copyright, trademark, service mark,
trade name, and other intellectual property and other proprietary
rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS"
Site Information is provided "as is" with all faults. You use
the Site Information, as authorized herein, at your own risk. Site
Information may contain errors, omissions, or typographical errors or
may be out of date. The Site may change, delete or update any Site
Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and
use the Site Information only for your personal information and for
shopping and ordering on the Site. Except as set forth in this
Agreement, the Site does not grant to you any right to use, reproduce,
copy, modify, transfer, display, publish, sell, license, create
derivative works, publicly perform, or distribute by any means, method
or process any Site Information. Your right to use of the Site and the
Services is personal to you -- you may not authorize others to use the
Site and the Services, and you are responsible for all use of the Site
and the Services by you and by those you allow to use, or provide access
to, the Site and the Services. You agree to use the Site and the
Services only for lawful purposes and you acknowledge that your failure
to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may
not be used in connection with any commercial endeavors. Organizations,
companies and/or businesses may not use the Services, the Site
Information or the Site for any purpose without written consent of or
agreement with Tria Beauty. You agree not to make use of Site
Information by publication, re-transmission, distribution, performance,
caching, or otherwise, except as permitted by law or as expressly
permitted in writing by this Agreement or Tria Beauty. Illegal and/or
unauthorized uses of the Site, including efforts to collect usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or
linking to the Site, will be investigated and appropriate legal action
will be taken, including without limitation, civil, criminal and
injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of
18. To register for any Services offered on the Site, you must be 18
years of age or older. If you are a minor under the age of 18, you may
only use the Site in conjunction with your parents or guardians. Tria
Beauty does not knowingly collect personally identifiable information
from users under the age of 13. Children under 13 should not use the
Site. If a child under 13 submits information through any part of the
Site, and Tria Beauty becomes aware that the person submitting the
information is a child, we will attempt to delete this information as
soon as possible.
REGISTRATION WITH TRIABEAUTY.COM
You will need to provide us with certain information,
including your name, address, phone number and email address, to open an
account with us. If necessary, we will assist you in creating a user id
and a password. You are responsible for maintaining the security of your
log-in information and password.
SHOPPING CART ORDERS
When you request to
purchase items in your shopping cart, we will forward your request and
certain account information to the applicable e-commerce service
provider for processing. The sales transaction will occur and be
consummated on the service provider's Site and not on the Site.
CONTENT SUPPLIED BY YOU
Tria Beauty may make certain Services available to registered
users and facilitate such users' ability to post content, including
information, text, images, photographs, graphics, comments and reviews,
discussion or bulletin board postings and other materials ("Content") to
the Site, subject to the restrictions set forth in this Agreement. If
you post any Content to any portion of the Site, you agree not to post
any unacceptable Content ("Unacceptable Content"). Unacceptable Content
includes, but is not limited to, Content that:
- Concerns a use for which a product is not intended;
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person's
copyrighted work, or infringes upon the intellectual property rights of
any third party, including the copyrights, trademarks, trade names,
trade secrets or patents of such third party, or is posted without the
express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to Tria Beauty or any other party's systems and
networks, including any transmissions which may damage, interfere with,
surreptitiously intercept, or expropriate any system, program, data or
personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that Tria Beauty in its sole discretion deems to be Unacceptable Content.
For information regarding use of personal information you provide or communicate to Tria Beauty, please see our Privacy Policy.
By posting Content or engaging in any other form of communication
through the Site, you grant Tria Beauty, and represent and warrant that
you have the right to so grant, a royalty-free, perpetual, irrevocable,
non-exclusive, transferable, unrestricted, worldwide license to use,
reproduce, modify, adapt, perform, display, transmit, translate,
publish, create derivative works of, sell, sublicense, distribute,
incorporate into other works, and otherwise exploit such Content or
communication, in whole or in part, alone or with other materials, and
to sell, grant and authorize sublicenses of the foregoing, in any form,
medium or technology now known or hereafter created or devised,
throughout the world, for any purpose, including without limitation
commercial, advertising and promotional activities, without
compensation to you.
Please see also the User Content Terms of Use.
CONTENT POSTED BY USERS IS NOT ENDORSED BY
TRIA BEAUTY
Tria Beauty does not necessarily endorse, support,
sanction, encourage, verify, or agree with the Content posted by users
on the Site. Any Content placed on the Site, including advice and
opinions, are the views and responsibility of those who post the
Content and do not necessarily represent the views of Tria Beauty or
its third party service providers. Tria Beauty reserves the right, but
undertakes no duty, to review, edit, move or delete any Content posted
on the Site, in its sole discretion, without notice. You agree that
Tria Beauty and its third party service providers are not responsible,
and shall have no liability to you, with respect to any Content posted
to the Site by others, including Unacceptable Content that violates
this Agreement.
THIRD PARTY LINKAGES
You acknowledge that
Tria Beauty has not reviewed and does not endorse the content of third
party sites linked to and from the Site and is not responsible for the
content or actions of these other sites, including those third party
sites that may display Tria Beauty's logo or branding. Such third party
sites are governed by the privacy policies and terms of use of their
respective owners or operators. Your linking through the Site to any
third party site is at your own risk.
COPYRIGHT COMPLAINTS Tria Beauty respects the intellectual
property of others, and we ask our users to do the same. Tria Beauty
may, at its discretion, terminate the access of users, subscribers, and
account holders who infringe the copyright rights of others. If you
believe that your work has been copied and is accessible on the Site in
a way that constitutes copyright infringement, or that the Site
contains links or other references to another online location that
contains material or activity that infringes your copyright rights, you
may notify Tria Beauty in writing by providing a notice containing the
information set forth below to:
Tria Beauty
4160 Dublin Blvd., Suite 200
Dublin, CA 94568
Attention: Tria Beauty Copyright Agent.
The notice of copyright infringement must contain:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s).
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to to locate the material on the Site.
- Contact information for the person sending the notice, such as an address, telephone number, and email address.
- A statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
INDEMNIFICATION
You agree to indemnify
Tria Beauty and its affiliates, officers, directors, employees, agents,
representatives, joint venturers, and third party service providers,
and to defend and hold each of them harmless, from any and all claims
and liabilities (including attorneys fees) which may arise from your
Content submissions, from your use of the Services or Site Information
obtained through the Site, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE
SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE
SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY,
COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION,
GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM. TRIA BEAUTY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS
SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES,
ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED
INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO
OR USE OF TRIABEAUTY.COM.
TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR
PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR
INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES, INCLUDING
FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE
OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS
AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE TRIA BEAUTY, ITS AFFILIATES
AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES,
IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
ELECTRONIC COMMUNICATIONS
When you visit
the Site or send emails to us, you are communicating with us
electronically. You consent to receive communications from us
electronically. We will communicate with you be email or by posting
notices on the Site. 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.
JURISDICTION AND GOVERNING LAW
Tria Beauty makes no representation that the Site
Information, the Services or products offered through the Site are
appropriate, available or legal in any particular location. Those who
choose to access the Site Information, the Services and products
offered through the Site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. You agree that this Agreement, for all purposes,
shall be governed and construed in accordance with the laws of the
State of California and any action based on or alleging a breach of
this Agreement must be brought in a state or federal court located in
northern California. In addition, both parties agree to submit to the
exclusive personal jurisdiction and venue of such courts.
TRIABEAUTY.COM IS FOR USE IN THE UNITED STATES
The Site is hosted in the United States and is intended for users
located in the United States. If you are a non-U.S. user of the Site,
by visiting the Site, using its Services and/or providing us with any
Content, you agree to comply with all applicable laws governing the
Site, its Services, online conduct and acceptable Content. You further
agree to comply with all applicable laws regarding the transmission of
data exported from the United States or the country in which you
reside.
TRADEMARK NOTICE
The Tria, Tria Beauty and the Site names, logos, and other identifying marks are the property of Tria Beauty. Other featured words or symbols,
used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Tria Beauty
4160 Dublin Blvd., Suite 200
Dublin, CA 94568
LAST REVISED : Dec 2012
