Last updated: October 28, 2021
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).
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
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.
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.
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.
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
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.
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.
Email address of designated agent: firstname.lastname@example.org
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.
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.
AMENDMENTS OF THIS AGREEMENT
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.
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.