PRIVACY POLICY
In addition to reviewing this Agreement, you should also read our
Privacy and Security Policy to better comprehend how we collect and use
your personal information. Your use of the site and its Services
constitutes your agreement to its terms and conditions.
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
SpectraGenics, Inc. 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. SpectraGenics also reserves the
right to post, from time to time, additional rules of usage that apply
to specific parts of. triabeauty.com, which may be posted in the
relevant parts of triabeauty.com, and will be clearly identified. Your
continued use of triabeauty.com constitutes your agreement to comply
with these additional rules.
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 SpectraGenics Inc.’s other remedies.
SpectraGenics, Inc. further reserves the right to terminate, without
notice, any user's access to or use of triabeauty.com for any reason.
TERMINATION
SpectraGenics, Inc. reserves the right without notice, at any time and
for any reason, to terminate triabeauty.com or any portion thereof or
any products or Services offered through triabeauty.com.
OWNERSHIP OF THE SITE AND SITE INFORMATION
triabeauty.com is expressly owned and operated by SpectraGenics, Inc.
Unless otherwise noted, the design and content features on
triabeauty.com, 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
SpectraGenics, Inc. or its affiliates or are licensed from third party
service providers by SpectraGenics, Inc. 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. triabeauty.com 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 triabeauty.com. Except as
set forth in this Agreement, triabeauty.com 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
triabeauty.com 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. You agree not to make
unauthorized 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
SpectraGenics, Inc. 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 triabeauty.com, you must be
18 years of age or older. If you are a minor under the age of 18, you
may only use triabeauty.com in conjunction with your parents or
guardians. SpectraGenics, Inc. does not knowingly collect personally
identifiable information from users under the age of 13. Children under
13 should not send any information about themselves to SpectraGenics,
Inc. If a child under 13 submits information through any part of
triabeauty.com, and SpectraGenics, Inc. 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 to protect your account information.
SHOPPING CART ORDERS
At this time, 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 triabeauty.com.
UNACCEPTABLE CONTENT
SpectraGenics, Inc. 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 Public Areas and/or private portions of triabeauty.com, subject to
the restrictions set forth in this Agreement. If you post any Content
to any portion of traibeauty.com, you agree not to post any
unacceptable Content ("Unacceptable Content"). Unacceptable Content
includes, but is not limited to, Content that is:
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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; |
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Is
harassing, threatening, abusive, inflammatory or otherwise
objectionable, including Content used to harass, stalk or threaten a
person; |
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Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy; |
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Offers
or disseminates any fraudulent goods, services, schemes or promotions,
including any "make money fast" schemes or pyramid schemes; |
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Is libelous, defamatory, or knowingly false or misrepresents another person; |
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Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity; |
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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; |
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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 SpectraGenics Inc. 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; |
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Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and |
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Consists of any other Content that SpectraGenics in its sole discretion deems to be Unacceptable Content. |
USE OF CONTENT SUPPLIED BY YOU
For information regarding use of personal information you provide or
communicate to SpectraGenics, Inc., please see our Privacy Policy. By
posting Content or engaging in any other form of communication through
triabeauty.com, you grant SpectraGenics, Inc., and represent and
warrant that you have the right to so grant, a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, reproduce,
modify, adapt, perform, display, transmit and distribute such Content
or communication and to prepare derivative works of, or incorporate
into other works, and to grant and authorize sublicenses of the
foregoing, for any purpose, including commercial purposes.
CONTENT POSTED BY USERS IS NOT ENDORSED BY SPECTRAGENICS
SpectraGenics, Inc. does not necessarily endorse, support, sanction,
encourage, verify, or agree with the Content posted by users on
triabeauty.com. Any Content placed on triabeauty.com, including advice
and opinions, are the views and responsibility of those who post the
Content and do not necessarily represent the views of SpectraGenics,
Inc. or its third party service providers. SpectraGenics, Inc. reserves
the right, but undertakes no duty, to review, edit, move or delete any
Content posted on triabeauty.com, in its sole discretion, without
notice. You agree that SpectraGenics, Inc. and its third party service
providers are not responsible, and shall have no liability to you, with
respect to any Content posted to triabeauty.com by others, including
Unacceptable Content that violates this Agreement.
THIRD PARTY LINKAGES
You acknowledge that SpectraGenics, Inc. has not reviewed and does not
endorse the content of third party sites linked to and from
triabeauty.com and is not responsible for the content or actions of
these other sites, including those third party sites that may display
SpectraGenics Inc.’s logo or branding. Your linking through
triabeauty.com to any site is at your own risk.
COPYRIGHT COMPLAINTS
SpectraGenics, Inc. respects the intellectual property of others, and
we ask our users to do the same. SpectraGenics, Inc. may, in
appropriate circumstances and 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 triabeauty.com in a way that constitutes copyright
infringement, or that triabeauty.com contains links or other references
to another online location that contains material or activity that
infringes your copyright rights, you may notify SpectraGenics, Inc. in
writing by providing the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 USC Section 512, to SpectraGenics Inc.'s address set
forth below, to the attention of “SpectraGenics Copyright Agent.”
INDEMNIFICATION
You agree to indemnify SpectraGenics, Inc. and its affiliates,
employees, agents, representatives 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 unauthorized use of the Services or Site
Information obtained through triabeauty.com, 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,
SPECTRAGENICS, 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.
SPECTRAGENICS, 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.
SPECTRAGENICS, INC., 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 TRIABEAUTY.COM, YOUR ACCESS
TO OR INABILITY TO ACCESS THE SITE OR ITS 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 TRIABEAUTY.COM, 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 SPECTRAGENICS INC., 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.
THE SECURITY OF TRIABEAUTY.COM
We maintain physical, electronic, and procedural safeguards and
personnel policies that are designed to guard triabeauty.com, our
systems and our customers' personal information. For example, for the
security of your online visit to triabeauty.com, we may make use of
firewall barriers, encryption techniques and/or authentication
procedures. Unfortunately, no data transmission over the Internet can
be guaranteed to be absolutely secure. As a result, while we strive to
protect your personal information, SpectraGenics, Inc. cannot ensure or
warrant the security of any Content you transmit to us, and you do so
at your own risk. In the event of a breach of the confidentiality or
security of your personal information, we will notify you as necessary
so you can take appropriate protective steps. Unless you indicate
otherwise, we may notify you under such circumstances using the email
address you provided to us when you registered with triabeauty.com.
ELECTRONIC COMMUNICATIONS
When you visit triabeauty.com 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 triabeauty.com. 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
SpectraGenics, Inc. makes no representation that the Site Information,
the Services or products offered through triabeauty.com are
appropriate, available or legal in any particular location. Those who
choose to access the Site Information, the Services and products
offered through triabeauty.com 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
triabeauty.com 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
triabeauty.com, by visiting our website, using its Services and/or
providing us with any Content, you agree to comply with all federal and
state U.S. 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 and triabeauty.com names and logos are trademarks of
SpectraGenics, Inc. Other featured words or symbols, used to identify
the source of merchandise or services, may be the trademarks of their
respective owners.
SpectraGenics, Inc.
5880 W. Las Positas Blvd, Ste. 52
Pleasanton, CA 94588
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