THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY CONFIRM BIOSCIENCES INC (HAIRCONFIRM.COM) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAIRCONFIRM.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Acceptance of Terms and Conditions
By purchasing or using any products offered on HairConfirm.com (the "Website") or by accessing, browsing and using the Website you agree to be subject to the following terms and conditions ("Terms and Conditions") as well as all other applicable laws. We reserve the right to update or modify these Terms & Conditions of use or to update or modify the Website without prior notice. If you do not agree to these Terms & Conditions, please do not use the Website.
I agree that my use of products and services offered by HairConfirm.com are governed by the Terms & Conditions set forth at www.HairConfirm.com (hereinafter Terms & Conditions), and I accept the Terms & Conditions as valid, enforceable and binding upon any and all actions related to arising out of my use of products and/or services provided by HairConfirm.com.
I agree to defend, indemnify and hold HairConfirm.com harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to use of HairConfirm.com, use of HairConfirm.com products and services, and/or my breach of any representation, warranty, or other provision of the Terms & Conditions.
Testing Products are Offered Solely for Preliminary Screening Purposes
All testing products offered on HairConfirm.com are solely for preliminary screening purposes, and are provided for the purpose of initial screening of health and/or other diagnostics. Although we stand by our products and strive to offer products with the highest level of reliability, the testing products and services offered by HairConfirm.com are not meant to substitute professional testing. The test kits offered by HairConfirm.com are not intended to replace professional health, legal, regulatatory, veterinary or environmental services.
Release of Liability
You are accessing, using or browsing the Website at your own risk. HairConfirm.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, HairConfirm.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither HairConfirm.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if HairConfirm.com has been advised of the possibility of such damages.
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY HairConfirm.COM WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER'S OPTION, REFUND OF THE PURCHASE PRICE. SELLER IS NOT TO BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY HairConfirm.COM.
Costs and Expenses of any Subsequent Legal Action
In the event you or HairConfirm.com institutes any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Choice of Law, Forum Selection
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Diego and/or the Southern District of California.
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however that recipients of HairConfirm.com products or services shall become subject to these Terms and Conditions.
HairConfirm.com has the right to merge accounts that use the same company information or close accounts that have been inactive for a period of 60 days.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
Type of Information Collected
Use of Information
HairConfirm.com may use your personal identifying information to identify you as a user of the Website and to assist and speed the completion of online transactions. We may use your email address to contact you regarding services or products we believe may be of interest to you. We may associate your personal identifying information with information we collect about your preferences and activities at the Website, such as the particular pages you request and purchases or other transactions you effect through the Website. We may vary the content you receive in future visits to the Website based on your preferences and activities.
We may combine your personal identifying information, and information about your preferences and activities, with those of all or a particular group of users to prepare collective profiles of our users and their activities. For example, we may track the number of users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our Website in a particular geographic region. Such information, and other information we derive from individual users' information, allows us to continue to grow and provide you with quality through more accurate marketing and advertising of our Website.
We may share customer information with third parties to perform services on our behalf.
Disclosure of Information
Unless otherwise set forth herein, we will only provide your personal identifying information, and information about your activities and preferences to other companies with your permission. We may provide other companies with collective profiles of our user groups and their activities and preferences. Such collective profiles may also be disclosed in describing our Website and services to prospective partners, advertisers, and other third parties, and for other lawful purposes. We may disclose information to fulfill certain legal and regulatory requirements, or if we believe in good faith, that such disclosure is legally required or necessary to protect others' rights or to prevent harm.
Please note we do have to have a valid phone number so we have a method of contact if there is a problem with your order.
Privacy of "Confidential Testing Information"
HairConfirm.com will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter "Confidential Testing Information"). Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.
Except as set forth herein, HairConfirm.com will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties. You may authorize, in writing, the release of your testing results to third parties, and HairConfirm.com assumes no liability resulting from such authorized release of information.
In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, HairConfirm.com will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by HairConfirm.com. Customer further acknowledges that HairConfirm.com may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests. Customer acknowledges HairConfirm.com has no control over the conduct or omissions of such third party laboratories. HairConfirm.com hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information."
Any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites' policies before revealing any sensitive or personal information.
Our website is hosted on servers that are PCI DSS 3.0 certified at Level 1 to ensure that the payment data is protected against any unauthorized access.
Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.