Terms of Use

Last updated: October 28, 2021

OVERVIEW

This website (the “Site”) is owned and operated by Follicle, Inc. (“Follicle”). Throughout the Site, the terms “we,” “us,” and “our” refer to Follicle. By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (the “Terms of Use”),as well as by Follicle’s Privacy Policy (the “Privacy Policy”) and the Terms and Conditions for the Sale of Follicle, Inc’s Products and Services (the “Terms of Sale”), which are incorporated herein in their entirety for all purposes and are available at aerdryer.com/policies. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to the Terms of Use, do not use the Site or Services and leave the Site. If you purchase something from us and there is a conflict between these Terms of Use and the Terms of Sale, the Terms of Sale shall govern and supersede with respect to the provision that is in conflict.

You acknowledge that the Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use, and/or submit information to the Site and/or Services.

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.

The Site is controlled and offered by Follicle from Follicle’s facilities in the United States of America. Follicle makes no representations that the Site is appropriate or available for use in other jurisdictions.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms of Use will result in an immediate termination of the Services. In order to determine your compliance with the Terms of Use, Follicle may monitor your access and use of the Site and/or Services in accordance with Follicle’s Privacy Policy.

PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our return policy as stated within the Terms of Sale.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's or your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the Services or sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Services at any time. Any offer for any product or Services made on the Site is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

To purchase products or Services, you may be required to provide Follicle with information about yourself. If you provide personal information to Follicle, then you agree to provide true, current, complete, and accurate information that is up to date at all times, and to not misrepresent your identity. Follicle’s collection, use, and disclosure of the personal information is governed by the Terms of Use and Follicle’s Privacy Policy. 

YOUR ACCOUNT

If you register for an account with Follicle on the Site, you are responsible for maintaining the confidentiality of your username and password.  You agree to accept full responsibility for all activities that take place under your username.  

THIRD PARTY LINKS

We may provide a venue or links through which you can obtain information and find third-party products and/or services from service providers, advertisers, business partners, affiliates, and other third parties (collectively “Service Providers”). We do not endorse or recommend the products or services of any Service Provider and are not an agent or advisor to you or any Service Provider. Follicle does not validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that Follicle shall not be liable for any losses, costs, damages, or claims in connection with, arising from, or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.

FINANCIAL TRANSACTIONS

You acknowledge and agree that Follicle is authorized, but not required, to act on any payment instructions received from you. You acknowledge that financial transactions are facilitated by a third-party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose. You are responsible for paying all taxes on any purchase, fees, or other charges.

INTELLECTUAL PROPERTY RIGHTS

The content in the Site, Software (as defined below), and Services, to the extent any exists, including without limitation the patents, trademarks, copyrights, text, Software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the foregoing, and the like (“Content”), is owned by or licensed to Follicle and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries.

You may not use any meta tags, provide links to or frame the Site or Services, or use any other “hidden text” utilizing Follicle’s name or trademarks without the express written permission of Follicle, which permission may be withheld in Follicle’s sole discretion.

Content in the Site, Software, and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Follicle, which permission may be withheld in Follicle’s sole discretion. Without limiting the foregoing, no Follicle trademark or trade dress may be used in connection with any product or service that is not Follicle’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Follicle. Follicle reserves all rights not expressly granted in and to the Site, Software, Services, and Content. Follicle makes no claim to any third-party names, trademarks or service marks appearing on the Site or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.

You are solely responsible for any damage resulting from your infringement of Follicle’s or any third party’s intellectual property rights regarding the Content, and/or any other harm incurred by Follicle or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of the Terms of Use.

Follicle shall own all right, title and interest in and to any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques (collectively, “Feedback) that you submit to the Site or otherwise choose to share with Follicle through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to Follicle’s Privacy Policy.  You hereby irrevocably assign to Follicle all rights that you may have in the Feedback and agree to execute and deliver such additional documents evidencing the assignment and transfer of rights in the Feedback as Follicle may reasonably request from time to time.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, troubleshooting guidance or instructions, customer support, 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 in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend, or clarify information on the Site or on any related website, including without limitation pricing information, except as required by law.

 

PROHIBITED USES

You are granted a limited, non-exclusive, revocable right to access and use the Site and the Content solely for personal, non-commercial use, to receive Services or products from Follicle, and solely to the extent such use does not violate the Terms of Use or any other applicable laws.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; or (i) for purposes of creating a competing product or service. We reserve the right to terminate your use of the Site, Services, and any related website for violating any of the prohibited uses.

Your access and use of the Site and/or Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Services, or other actions that Follicle, in its sole discretion, may elect to take. Follicle reserves the right to suspend or discontinue the availability of the Site or Services and/or any portion or feature of the Site or Services at any time in its sole discretion and without prior notice.

You understand and agree that you have no interest, monetary or otherwise, in any feature or Content contained in the Site or Services.

Additionally, you may not:

(a)            Modify, adapt, reverse engineer or decompile software for the Site or Services (“Software”), or otherwise attempt to derive source code;

(b)            Create any copies or derivative works regarding the Site, Software, or Services;

(c)            Use maillist, listserv, an auto-responder, or spam on the Site, Software, or Services or any process that interferes with the functionality of the Site, Software, or Services;

(d)            Record, process, or mine information about other users;

(e)            Attempt to gain unauthorized access to the Site, Services, Software, computer systems, or networks connected to the same;

(f)             Use the Site or Services to violate the security of any computer network, or disrupt or interfere with the security of or otherwise cause harm to the Site, Software, or Services;

(g)            Crawl, scrape, index, or spider any page or portion of the Site, Software, or Services; or

(h)            Otherwise use the Site, Software, or the Services except as expressly provided in the Terms of Use.

Any action by you that, in Follicle’s sole discretion: (i) violates the terms and conditions of the Terms of Use and/or the Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of the Site or Services; or (iii) through the use of the Site or Services, defames, abuses, harasses, offends, or threatens shall not be permitted, and may result in your loss of the right to access and use the Site or Services and termination of the Terms of Use.

You are solely responsible for (and agree that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

ELECTRONIC COMMUNICATION

When you visit the Site, use the Services, or send email to Follicle, you are communicating with Follicle electronically. You consent to receive communications from Follicle, its affiliates, and partners electronically and via any e-mail address, text message, or other similar means you provide to Follicle or through the Site or Services for any purpose. Although Follicle may choose to communicate with you by regular mail, Follicle may also choose to communicate with you by e-mail or by posting notices on the Site or through the Services. You agree that all agreements, notices, disclosures, and other communications that Follicle electronically provides to you satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage, or similar fees.

COPYRIGHT INFRINGEMENT

Follicle respects the intellectual property rights of others. It is Follicle’s policy to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.

When reporting infringing material to Follicle (“DMCA Notice”) please provide:

(a)   a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)   identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(c)   identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit Follicle to locate the material;

(d)   information reasonably sufficient to permit Follicle to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e)   a statement that the complaining party 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; and

(f)   a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 Upon receiving a complete DMCA Notice, Follicle will:

  • take reasonable steps promptly to notify the poster of the allegedly infringing material (“Poster”) that Follicle has removed or disabled access to the allegedly infringing material;
  • upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Follicle will replace the removed material or cease disabling access to it in 10 business days; and
  • replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Follicle’s designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Poster from engaging in infringing activity relating to the material on the Site or through the Services.

A counter notification must include:

  • a physical or electronic signature of the Poster;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the Poster has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • the Poster’s name, address, and telephone number, and a statement that the Poster consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Poster’s address is outside of the United States, for any judicial district in which Follicle may be found, and that the Poster will accept service of process from the person who provided notification or an agent of such person.

 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Follicle’s designated agent to receive notices and counter notices of claimed infringement is:

 

Attention: DMCA Notice

Attn: Follicle Compliance Dept.

            Follicle, Inc.

Email address of designated agent: support@aerdryer.com

If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Follicle reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site and/or Services, we do not obligate ourselves to do so except in accordance with the Digital Millennium Copyright Act.

TERMINATION

The Terms of Use are effective until terminated. We reserve the right in our sole discretion to restrict your use of all or any part of the Site, including an account hereon, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. The Terms of Use relating to Intellectual Property, Indemnification, Warranties and Disclaimers, Limitation of Liability, Miscellaneous, terms related to severability, and any terms that by their nature may survive termination shall survive any termination.

UPDATES

Follicle may apply patches, updates, and modifications to its Site and/or Services at any time (each an “Update”), and features may change after the application of an Update. We may change, modify, suspend, or discontinue any aspect of any feature of the Services at any time. We make no representation that a feature, the Site, Software, and/or Services will work on a particular web browser, version of a web browser, or device.

WARRANTIES AND DISCLAIMERS

THE SITE AND SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THEREBY, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, SOFTWARE, AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, FOLLICLE MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE OR THE CONTENT, SERVICES, OR PRODUCTS CONTAINED THEREIN OR OBTAINED THEREBY.

FOLLICLE PRODUCTS ARE SUBJECT TO THE LIMITED WARRANTY IN SECTION 7 OF THE TERMS OF SALE AND IN THE USER MANUAL. OTHER THAN THE FOREGOING, FOLLICLE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, (1) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY, OR COMPLETENESS OF THE SITE, CONTENT, SERVICES, AND MATERIALS ASSOCIATED WITH THE SAME; (2) THAT THE FUNCTIONS CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED; OR (3) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, SITE, OR SERVICES. Follicle makes no representation, warranty, or guarantee that the Content that may be available for downloading from the Site or through the Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

FOLLICLE MAY MAKE CHANGES TO THE CONTENT OR MATERIALS, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE CONTENT AND MATERIALS MAY BE OUT OF DATE, AND FOLLICLE MAKES NO COMMITMENT TO UPDATE THE CONTENT OR MATERIALS ON ITS SERVICES AND/OR SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, SOFTWARE, OR SERVICES THAT ARE NOT AVAILABLE.

California residents hereby shall and do waive California Civil Code 1542, which provides that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

No oral or written statements of an employee, officer, director, or agent of Follicle shall constitute a warranty or representation under any circumstances.

All user reviews or comments are strictly the opinion of the user posting such reviews and comments, and we do not endorse or approve any user reviews or comments. We are not responsible or liable for the accuracy, appropriateness, or content of user reviews and comments.

LIMITATION OF LIABILITY

IN NO CASE SHALL FOLLICLE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, SERVICES, OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES, OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICES, OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR SITE IS TO STOP USING THE SITE, SERVICES, AND THE INFORMATION CONTAINED THEREIN. NOTWITHSTANDING THE ABOVE, FOLLICLE’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

YOU AND FOLLICLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Follicle and its officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees arising out of, or attributable to: (i) any breach or violation of the Terms of Use, or the documents it incorporates by reference, by you; (ii) your access or use of the Site or Services; (iii) your purchase of any Products or Services through the Site or Services; and/or (iv) any personal injury or property damage caused by you. Follicle reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify Follicle, and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Follicle.

AMENDMENTS OF THIS AGREEMENT

We reserve the right to update, amend, and/or change the Terms of Use at any time in our sole discretion and without notice. Updates to the Terms of Use will be posted here. It is your responsibility to revisit the Terms of Use from time to time in order to review any changes. The date on which the Terms of Use were last updated will be noted immediately above the Terms of Use. Your continued access or use of the Site or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid prior to termination of the Terms of Use.

GOVERNING LAW

All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin. Although you and Follicle are agreeing to arbitrate any dispute between us below, you agree that any court proceeding arising out of or relating to these Terms of Use, your purchase, or our relationship must be brought exclusively in the State or Federal courts in Wisconsin. Follicle’s failure to enforce any right or provision of the Terms of Use does not constitute a waiver of that right or provision.

DISPUTE RESOLUTION AND BINDING ARBITRATION

  • YOU AND FOLLICLE ARE AGREEING TO GIVE UP 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 MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND FOLLICLE ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Except as provided in Subsection (d), below, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms of Use is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s arbitration/arbitrator fees.  If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

  • You may elect to pursue your claim in small claims court in Wisconsin rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FOLLICLE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT, IN ARBITRATION, OR OTHERWISE TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall not consolidate more than (1) one person's claims and shall not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction identified in the Section titled “Governing Law,” above. 

If any provision of this “Dispute Resolution and Binding Arbitration” Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event Subsection (d) of this “Dispute Resolution and Binding Arbitration” Section is found to be unenforceable, all of the “Dispute Resolution and Binding Arbitration” Section shall be deemed null, void, and of no effect.

MISCELLANEOUS

Notwithstanding anything to the contrary in the Terms of Use, if any portion of the Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of the Terms of Use that is unlawful, void, or unenforceable shall be stricken from the Terms of Use.

The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use.

The current version of the Terms of Use, the Privacy Policy, Terms of Sale, the AER App’s Terms of Use (to the extent you use the AER App), and any information regarding the applicable Warranty Period for certain products you obtain in conformance with Section 7 of the Terms of Sale present the entire understanding and agreement between you and Follicle regarding the subject matter of the same, and supersede all other previous agreements, understandings, and/or representations regarding the same.

The rights stated in the Terms of Use, Terms of Sale, the Privacy Policy, the AER App’s Terms of Use (to the extent you use the AER App),  and all other aspects of your relationship with Follicle, including any personal information or data associated therewith, may be disclosed and/or assigned by Follicle to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy, or other corporate change involving Follicle and/or its affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or the whole of Follicle’s business. Nothing in the Terms of Use is intended to interfere with Follicle’s ability to transfer all or part of its business, equity, and/or assets (including the Site or Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, and without any compensation to you whatsoever.

All covenants, agreements, representations, and warranties made in the Terms of Use that by their nature should survive, as may be amended by Follicle from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use.

If you have questions, comments, concerns, or feedback regarding the Terms of Use or the Site or Services, please contact Follicle at support@aerdryer.com.



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