EFFECTIVE DATE: September 01, 2018
These terms and conditions apply to all users of the site, including, without limitation, users who are contributors of content, information and other materials or services on the site. Your access and use of the site will be subject to the version of the terms and conditions posted on the site at the time of use. If you do not agree with the terms and conditions, then you do not have the right to access, view, or otherwise use the site or purchase any products and, accordingly, you should not do so.
General Terms and Conditions
Unless otherwise noted, the products and services on the site are intended for personal, non-commercial purposes only. You agree to use the site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these terms and conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the site.
This site is intended for people over the age of 13. You represent and warrant that you (a) are either above the legal age of majority in your state of residence (or have permission from your parent/guardian to use if you are under the age of majority, but over 13), (b) have not previously been suspended or removed from this site, (c) do not have more than one (1) account at any given time for this site; (d) will only provide us with true, accurate, current and complete information if you register for an account and/or orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to this site or services (or any portion thereof) and (d) that you have full power and authority to enter into the terms and conditions and in doing so will not violate any other agreement to which you are a party.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the user content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on this site or any social media page owned by CelluAid. We and our affiliates are not responsible for any user’s misuse or misappropriation of any user content you post on the site or any social media page owned by CelluAid.
Review of Submissions
We do not routinely review and have no obligation to verify the identity of any users when they are connected to the site or to supervise the user content that has been provided by users. Except as provided in these terms, you acknowledge that we may or may not prescreen, monitor, review, edit or delete the user content posted by you and other users on the site. We and our designees retain the right to modify, move, refuse, block or remove any user content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms and conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such user content even when we are advised of the possibility of such damages.
By posting user content in or otherwise using any communications service or other interactive service that may be available to you on or through the site from time to time, you agree that you are the sole responsible person and/or entity from which such user content originated. Moreover, you agree not to access or use the site for any purpose that is prohibited by these terms and conditions. You are responsible for all of your activity in connection with the site.
We do not control the user content posted on the site and, as such, we make no representations or warranties regarding user content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether user content violates the rights of others, and we have no control over whether user content is of a nature that you or other users may find offensive. User content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in user content appearing on the site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any user content or any other content posted by you or any other user on or otherwise accessible through the site. We do not assume, and expressly disclaim, any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
Our Right to Use User Content
You understand that the technical processing and transmission of the site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the site.
You agree that you will not harvest, collect or store information about the users of the site or the user content or use such information for any purpose inconsistent with the purpose of the site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; (iii) bypass any measures we may use to prevent or restrict access to the site or portions thereof (or other accounts, computer systems or networks connected to the site); (iv) run any form of auto-responder or “spam” on the site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site; or (vi) harvest or scrape any content from the site.
We make commercially reasonable efforts to make sure our site reflects truthful and accurate information about the products we sell. The availability of the products and services described on the site, and the descriptions of such products and services, may vary based on location and timing.
You do not need to register with us if you are just browsing the site, but if you want to make a purchase, you must provide us with your first and last name, your email address, and mailing address, along with your credit card information. You may also be asked to tell us whether you want us to retain your financial payment information. The safety of your credit card information is important to us, and CelluAid makes commercially reasonable efforts to help protect the security of information you provide online in connection with a purchase.
You may purchase on our site either by providing us (and our third party vendor, paypal, braintree gateway) with your information, including your credit card information. Or you may purchase using the Stripe and Braintree payment gateways or PayPal, if you have a paypal account. If you make a purchase using PayPal or Braintree or Stripe payment gateways, you are agreeing to those company’s terms and conditions. We do not store your credit/debit card informations.
As do many companies, CelluAid’s payment processor uses Secure Sockets Layer (SSL) technology to help keep your online order information safe. SSL technology encrypts your credit card number, order information and personal information before it is transmitted to help protect it from being decoded by anyone other than us. You have the option of telling us not to retain this information after the purchase is made. If you choose this option, you will have to re-enter your payment information each time you access the site. We may use information collected from your transaction to improve the site or make offers to you, but we will not use your financial information for purposes other than allowing you to make a purchase.
Making a purchase from the CelluAid site means, once you enter the checkout page, your computer will begin communicating with our vendor’s server using ssl encryption. You can determine the security of your connection because the first characters of the site address will change from “http” to “https” so long as you are accessing this site through a server that allows this technology. While we cannot guarantee our security measures are 100% secure, the SSL technology is designed to protect your information.
Third Party Merchants
This site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
Returns and Exchanges
We will be happy to refund your money or exchange your product as long as the product is in its original packaging and in new and sellable condition. Requests for returns or exchanges must be made within 60 days of the product ship date in order to be processed. Requests made after 60 days will not be accepted. To process your return or exchange, simply contact our customer care team at [email protected] and include your order number and we’ll take care of the rest. We will refund the purchase price, minus any shipping and handling costs, back to the credit card you used. Refunds may take up to ten business days to process. You must pay for the return shipping costs. Used product or product that is not in its original packaging cannot be exchanged or returned for a refund.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the site which are not in any way associated with us (collectively, “events”). Your participation in any events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the events or participation in any activities available at the events.
Official Rules for Contests and Sweepstakes
Your participation in any contest or sweepstakes (“Giveaway”) is subject to and governed by the official rules set forth here, along with any additional guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on CelluAid.com (the “Specific Giveaway”). If there is a conflict between these Official Rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.
No purchase necessary to enter or win a giveaway offered by CelluAid. In some cases, purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway.
Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, CelluAid’s Giveaways are open to legal residents of the 50 United States, who are at least 18 years of age or older (“Entrants”). Giveaway supervisors, employees of CelluAid.com and members of their immediate families, are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is CelluAid.com (d.b.a. CelluAid) Los Angeles, CA 91207 (“Sponsor” or “CelluAid”).
Giveaway Period. The Giveaway begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in California time, whether Pacific Daylight or Pacific Standard Time.
Only one entry per natural person per Giveaway. Unless otherwise noted in the Specific Giveaway, you may only enter one time. Multiple entries for a single contest will not increase your chances of winning (you will still only receive one entry). If you enter more than once in a contest, only your last eligible entry will be counted.
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and CelluAid may be required to issue you a tax form 1099.
How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels CelluAid uses to launch Giveaways are free to join and CelluAid makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway.
If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
Odds. The odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection. On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Contest, one (1) Entrant will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrant”).
Contest Winner Selection. At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made. Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.
Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping to the United States.
Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any CelluAid Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction. Disputes regarding these terms will be governed by the laws of the State of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
Intellectual Property Rights
This site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding user content (collectively “proprietary material”), are protected by copyright, trademark and other laws of the united states, as well as international conventions and the laws of other countries. The proprietary material is owned or controlled by CelluAid or by other parties that have provided rights thereto to CelluAid.
Except as otherwise provided in these terms and conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Notice: If you are a copyright owner or an agent thereof and believe that any user content or other content on this site infringes upon your copyrights, you may submit a notification pursuant to the digital millennium copyright act (“dmca”) (which may be found here http://www.copyright.gov/legislation/dmca.pdf) by providing our copyright agent with the following information in writing (see 17 u.s.c 512(c)(3) for further detail):
Identification of the copyrighted work in sufficient detail that is claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material in sufficient detail that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
Include each of the following statements:
– “I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.”; and
– “I hereby state, under penalty of perjury, that the information in the above notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right in the copyrighted work that is allegedly infringed.”
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Deliver this notice, complete with all of the above information to:
Attn: Copyright Agent
email: [email protected] with the words “DMCA Notice” in the subject line for clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the dmca and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the dmca, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information in writing to the copyright agent:
Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled;
Include each of the following statements:
– “I hereby state, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled.”; and
– “I hereby state that I consent to the jurisdiction of the federal district court in Los Angeles, California, and I will accept service of process from the complaining party who notified CelluAid of the alleged infringement or an agent of such person.”
Provide your full legal name, address, telephone number, e-mail address, and your physical or electronic signature.
Deliver this notice, with all items completed, to:
Attn: Copyright Agent
by email: [email protected] with the words “DMCA Counter-Notice” in the subject line
If a proper counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the copyright agent’s receipt of the counter-notice, at our sole discretion.
You may terminate your account at any time. You may also request that your account be terminated at any time by sending an email to [email protected] and requesting your account be deleted.
Third Party Websites and Links
You may be able to link to third party websites, services or resources on the internet from the site, and third party websites, services or resources may contain links to the site (collectively, “linked sites”). These sites are provided as a courtesy only. We are not responsible for the content, availability, advertising, products, services or other materials of any such linked sites, or any additional links contained therein, and our inclusion of links to the linked sites on the sites does not imply that we endorse or approve of any materials contained on, or accessible through, the linked sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites.
Visitors to this site agree that their use of, and reliance on any advice or information obtained from or through, the site is at their own sole risk. this site is provided “as is” and “as available,” without representation or warranty of any kind, either express or implied. Without limitation of the foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaim any and all representations and warranties, express or implied, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties implied by any course of performance or usage of trade. We also make no representations and warranties as to any linked sites and we have no liability or responsibility with respect to your use of such sites. In some instances, content made available on this site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than our authorized employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the site, including, without limitation, those damages or injuries occurring as a result of: (1) any error, omission, deletion, or defect in the content available on the site, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (1) that any portion of the site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (2) that access to the site will be uninterrupted or error-free.
We do not warrant or make any representations regarding the use or the results of use of the materials available on the site. You (and not we or any of our affiliates) assume the entire cost of all necessary servicing, repair, or correction.
We do not have any obligation to verify the identity of any person subscribing or using the site. Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
By using the site, you agree to indemnify and hold CelluAid and its officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of this agreement including the documents it incorporates by reference; (2) your violation of any law; or (3) your violation of any right of a third party. CelluAid reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CelluAid’s defense of such claim.
Governing Law; General Information
We control and operate the site from our offices in the state of California, United States of America. We do not represent that materials on the site are appropriate or available for use in other countries. Persons who choose to access the site from other countries do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms and conditions are the entire agreement between you and us with respect to the site and any user content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these terms and conditions, and neither party has any authority of any kind to bind the other in any respect.
If a dispute arises between you and CelluAid, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at [email protected] Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and CelluAid each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either CelluAid or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to:
Your or CelluAid’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
Any claim made in small claims court either in Los Angeles County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
Neither you nor CelluAid can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our service, and cannot be used to decide other disputes with other users.
The Arbitration Process
the American Arbitration Association (AAA) will manage the arbitration between you and CelluAid, and AAA’s rules and procedures (including their supplementary procedures for consumer-related disputes, if applicable) will be used. If something in these terms is different than AAA’s rules and procedures, then we will follow these terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or in Los Angeles county, California. We can also choose a third location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and CelluAid have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, CelluAid and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
If your claim is for $10,000 (US) or less, CelluAid is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. CelluAid will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, CelluAid will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the dispute resolution provisions in this Section 9 regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these terms of service and our relationship will be governed by english law, except for its conflicts of laws principles.
Limitation of Liability
In no event shall CelluAid or CelluAid’s officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any third party in connection with these terms or your use of the site or CelluAid’s products or services, including lost profits, personal injury, emotional distress, death, and any special, incidental or consequential damages.
The liability of CelluAid and CelluAid’s officers, directors, employees, and suppliers to you or any third party in any circumstance (other than as may be required by applicable law, in particular, in New Jersey, and in cases involving personal injury) is limited to the greater of: (1) the total amounts, if any, you pay to CelluAid in the 12 months prior to the action giving rise to liability; and (2) usd$100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. These limitations will apply to you even if the remedies fail of their essential purpose.
Unless otherwise specified in these terms and conditions, all notices under these terms and conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via email at [email protected] You agree that we may send notices to you regarding your use of the site by means of electronic mail, a general notice posted on the site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
Products sold from the Website may not be resold by you as new or distributed to or through dealers without express written consent from CelluAid.com Notwithstanding anything to the contrary herein, CelluAid.com reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services. Customer will not sell any product on eBay, Amazon, any of their affiliate’s websites, or other auction website or online marketplace.
CelluAid is the most recent target of counterfeit product makers because of its recognizable brand and sizable customer base. Fake CelluAid serums have been spotted on popular online marketplaces such as Amazon.com and eBay.com, as well as social media platforms such as Facebook and Instagram. Please be informed that CelluAid is exclusively sold online at CelluAid.com, and we are not affiliated with any other seller of CelluAid. We cannot guarantee the effectiveness and safety of CelluAid sold outside our official website, and therefore NOT covered by our money back guarantee.
Counterfeit CelluAid serum WILL NOT WORK as the formulation and technology behind creating CelluAid cannot be replicated outside the laboratories where CelluAid is manufactured. The B.A.S.E. technology we developed from the ground up remains to be one of our trade secrets, which prevents it from being replicated elsewhere. Protect yourself against counterfeit CelluAid and only buy direct from our official website, CelluAid.com
Please note that CelluAid is not in any way connected to sellers that sell CelluAid outside of our official website. If you spot CelluAid sellers online, please let us know so we can take appropriate legal action.
We are working closely with authorities to track down these individuals to shut off their illegal activities for good. Online marketplaces have been eager to help us detect and locate these individuals. Many of these individuals abandon their operations, which are typically run from the basement of their homes. We have also learned that it is easy for these individuals to transfer from one location to another to avoid detection.
The authorities have been keen to work with us to pursue legal action against these individuals. We are working on more substantial ways to fight back to put an end to the counterfeit for good.
(Last updated: September 01, 2018)
EFFECTIVE DATE: September 01, 2018
You may visit and browse this site without providing personally identifiable information about yourself. However, this may limit your ability to receive certain features, products or services from us.
Information You Provide
If you choose to register with us, we will ask you for your first name, last name, email address, and a password. Depending upon what activities you engage in on the sites, we may also collect other personal information (information that can be used to identify you as an individual) such as your telephone number, home address, demographic information (such as zip code, age or payment information (such as account or credit card number) when you make a purchase. The types of personal information we collect may vary depending on your use of the features of the sites and how you are accessing the sites. If you register your information on this site, enter a promotion, opt-in to receive emails or other offers or communications, we collect and store the information you provide. In some cases, we may also ask you to provide other information, such as demographic information, such as gender, age or about your product preferences and interests. You need not provide this other information in order to access, use, and order from the sites, but not providing it may change your experience on the sites.
Information We Collect Automatically
Site usage information: CelluAid and its third-party service providers may also use a variety of technologies that passively or automatically collect information about how the sites are accessed and used (“usage information“), including your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the sites. This statistical data helps us understand what is interesting and relevant to users of the sites so we can best tailor our content.
Device Identifiers: CelluAid also automatically collects an IP address or other Unique Identifier Information (“device identifier“) for the computer, technology or other device (collectively, “device”) you use to access the sites. A device identifier is a number that is automatically assigned to your device when you access a web site or its servers, and our computers identify your device by its device identifier. We may use a device identifier to, among other things, administer the sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
Cookies: Like many web sites, we use “cookies,” which are data files placed on a device when it is used to visit the sites to facilitate site navigation and to personalize your experience, including tailoring advertisements. cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the sites and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your device for security purposes, to facilitate site navigation and to personalize your experience while visiting our sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information).
If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our sites may not work properly because we may not be able to recognize and associate you with your account. California law requires that we notify you that our sites do not respond to the federal ‘do not track’ signal.
Pixel Tags or Web Beacons: We also use web beacons or pixel tags, which are transparent graphic images placed on a web page or in an email and indicate that a page or email has been viewed or tell your browser to get content from another server. These may provide confirmation to us when you open an email from us.
Information From Third Parties
We may receive information about you from third parties that feature our products or promotional offers if you opt-in to receive information from us. You may also choose to participate in a third party application or social media site through which you allow us to collect (or the third party to share) information about you, including usage information and personal information. If your settings on a third party site are public, or allow us to view information about you, we may also collect and store information from those third party sites, including any personal information you have made public.
Use and Sharing of Information
CelluAid uses the information we collect about you for a variety of business purposes, including:
Responding to your questions and requests;
Providing you with access to certain areas and features of the sites;
Verifying your identity;
Fulfilling product purchases;
Communicating with you about your account and activities on the sites;
Sending notice of changes to important CelluAid policies;
Tailoring content, advertisements, and offers we provide you;
Improving the sites and for internal business purposes;
Allowing you to log in with a social media account and share activities on your social media pages, such as Facebook;
Processing various transactions relating to the sites.
Third Parties Providing Services on Our Behalf: We may share your personal information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our sites, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance. Your personal information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers to help maintain and operate the sites or for other reasons related to the operation of our business, including but not limited to the fulfillment of purchases, promotional offers, and administering contests. Engaging in activities on the sites is not required. If you choose to engage in these activities, you are consenting to your information being shared in this manner.
Business Transfers: We may share your personal information with other entities and our affiliates in the family of companies controlled by CelluAid.com. For internal reasons, primarily for business and operational purposes, but also if we believe you might be interested in content or products and services from our other sites. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the sites, personal information, usage information, and any other information that we have collected about the users of the sites may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Your Privacy Rights, Choice and Access.
If you wish to cancel your account contact us at [email protected] When you receive promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive and/or by editing your preferences on your “_______” page on the site. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to [email protected] or write us: CelluAid, re: legal department – privacy.
CelluAid licenses technology to serve advertisements on its own sites and within its content as that content is served across the internet. In addition, CelluAid may use third party network advertisers to serve advertisements and third party analytics vendors to evaluate and provide us with information about the use of the sites and viewing of our content. We do not share personal information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your device and they may otherwise collect or have access to information about you, including usage information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the sites and other web sites. We may use a variety of companies to serve advertisements.
Children and Minors
This site is not intended for children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
If you are a minor over the age of 13 and a California resident, you may request that information you have posted publicly directly to our sites be hidden from view. We are not obligated to destroy this information, but will make commercially reasonable efforts to remove it from public view.
Security of Your information
CelluAid maintains reasonable safeguards to protect personal information against loss, unauthorized use, disclosure or destruction and when transferring information for processing. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. CelluAid restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. We also require that third parties providing services on our behalf protect personal information and not use it for purposes other than providing assistance to CelluAid.
Consent to Processing of Information
This site is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. CelluAid makes no representation that this site is governed by or operated in accordance with the laws of any other nation. By using this site, or providing us with any information, you (a) acknowledge that this site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
Changes and Policy Updates
(Last updated: September 01, 2018)
Worldwide shipping. Straight to your door.
NOTE: During this busy holiday season, we are experiencing slight delays in sending Shipment Confirmation Emails; however, your order will arrive by the Expected Delivery Date. You may receive Order Confirmation Update emails confirming that your order is preparing to ship soon. Customer Care Associates do not have access to when your order will ship. We appreciate your patience
U.S. DELIVERY OPTIONS & COSTS:
The processing time for USA orders is 1-2 business days. After that, delivery time is 2-7 business days, although the USPS does not guarantee delivery dates or times. You will be provided the tracking number via email once your order ships also you can check the status in your CelluAid.com account page.
For Alaska, Hawaii and U.S. Territories, in-stock items will arrive within 5-9 business days. All shipments to APO, FPO, and DPO addresses are sent via USPS. Due to military handling time, delivery to some destinations may take up to 21 days.
We collect Sales Tax on Shipping & Handling, where applicable, and pay it to the state to which we’ve shipped your merchandise. It’s a State Tax regulation. City & Local taxes may also apply.
INTERNATIONAL DELIVERY OPTIONS & COSTS:
The processing time for International orders is 1-2 business days. After that, delivery time is 7-21 business days, although the USPS does not guarantee delivery dates or times. Parcel may travel to its destination by ground, air or a combination of both. You will be provided the tracking number via email once your order ships also you can check the status in your CelluAid.com account page.
By continuing to payment method, please note that all shipments outside the United States may be subject to taxes and duties based on the destination country which are not included in the total cost of the order, nor will they be covered or reimbursed by CelluAid (CelluAid.com). The customer is responsible for all taxes and duties. CelluAid is not responsible for any fees charged by customs.
Unfortunately, we have no control over these charges and cannot predict what they may be, as customs policies and import duties vary widely from country to country; in some cases, customs duties are not always applied. Each country has its own rules for determining whether import duties and taxes will apply.
It may be a good idea to contact your local customs / import / mail departments for rates before placing.
We cannot guarantee that items will not be subject to random checks by customs, and cause associated delays and charges. CelluAid is not responsible for any delays caused by destination customs clearance processes.
Due to certain trademark, labeling, product content and embargo restrictions, we currently do not ship all Beauty products to all destinations.
Products are shipped from the United States. The maximum order value for a shipment outside of the United States is $2,000 USD. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
WHAT COUNTRIES DO YOU SHIP TO?
We ship our products to most countries. You can see the list of countries in the checkout page. If you do not see your country as an option during checkout, please contact us, and we will look into it for you.
When your order is ready to be shipped, you will receive a shipment confirmation e-mail. The majority of our orders are shipped within 1-2 business days after the order has been placed. The e-mail will contain shipment details, your tracking number, and a link to the selected carrier site. To track the order, click on the tracking number located near the bottom of the e-mail.
Orders must be placed by 11:59pm Pacific Time (PT) to start processing on the same day. If an order is placed after the deadline, it will be processed the next business day. All orders ship Monday – Friday, excluding federal holidays within the United States.
All orders become the responsibility of the purchaser once received by the carrier. CelluAid will not be held responsible for the loss or damage of any item(s). By placing an order, you agree to CelluAid’s shipping policy. Once we hand your package over to carrier, we have no control when it will be delivered.
We are not responsible for any shipping deliveries that may be affected by customs, natural occurrences, transfers from postal carriers to the local carriers in your country or air and ground transportation strikes or delays, nor any extra fees, customs or back end charges once the package has exited the United States.
On occasion, CelluAid.com offers shipping promotions, at which time domestic and international customers receive free shipping if they spend over a certain amount. These promotions may change periodically.
Packages do not ship from our distribution centers on the following holidays:
- New Year’s Day
- Martin Luther King Jr. Day
- President’s Day
- Memorial Day
- 4th of July
- Labor Day
Returns & Exchanges
CelluAid has a 100% customer satisfaction policy. We take our customer service very seriously. We handle returns on a case-by-case basis with the ultimate objective of making our customers happy. We stand behind our goods and services and want customers to be satisfied with them. We’ll always do our best to take care of customers—our philosophy is to deal with them fairly and reasonably. We have long believed that when we treat our customers fairly, they, in turn, are fair with us.
You are backed by a 60 Day Money Back Guarantee. You may return any product sold by CelluAid.com within 60 days of the purchase date for a refund (Original shipping and handling fees are not refundable for all offers, including free shipping offers).
For single bottle order, we will provide a full refund (minus original shipping and handling fees) within the 60-day allowance. For multiple bottle order, we will provide a full refund (minus original shipping and handling fees) if only one bottle is unsealed and the rest is sealed, otherwise, a refund will not be provided for the rest of the bottles which are also unsealed. All new sealed items should be returned in their original product packaging.
USA & INTERNATIONAL Returns:
All refunds will be credited to your original form of payment (Credit/Debit, PayPal, etc.). If no record of sale is available (not purchased from CelluAid.com), we won’t be able to proceed your request.
- Items Returned by Mail: It takes about 7 – 15 business days for us to get your package at the fulfillment center, inspect your return and complete your refund. You will receive an email confirmation once your refund has been processed. If the refund is being issued to a credit card, depending on your credit card company, it may take an additional 2 – 7 business days after your credit is applied for it to post to your account. If you paid with PayPal, you will see the refund in your account immediately after the product inspection.
- Shipping Charges: Shipping & Handling fees are non-refundable for all type of offers, including free shipping offers. For USA returns $9.95 and for International returns $25.95 deduction will be applied to the final refund amount, regardless of the amount you paid for the shipping when placed your order.
- Unauthorized Return: Failed, unclaimed or refused deliveries for any reason (incorrect address, moved away, changed mind) are considered an unauthorized return, therefore, above Shipping Charges deduction policy will be applied to the final refund amount.
- Customs Duty: Customs duties, taxes and tariffs for International orders (orders placed outside of USA) are non-refundable, please contact your local customs office for information on obtaining a refund.
To ensure a prompt and secure delivery, we recommend sending your return via USPS, UPS or FedEx insured parcel post. We apologize but return shipping fees are not refundable.
CelluAid is not responsible for shipping fees. Refunds cannot be processed for items lost or damaged in transit. Please obtain a tracking number fro shipping carrier.
RETURN AN ONLINE PURCHASE BY MAIL:
We definitely want you to be happy with your purchase, so if you’d like to return, we’re happy to honor our refund policy, excluding shipping fee within 60 days of purchase date for any reason (no questions asked). To start your return, simply reach out to our customer care team via Live Chat (Monday through Friday, 9 AM to 6 PM Pacific Time, excluding holidays and holiday weekends) with your order number, inquiries are answered in the order they are received, please do not send multiple inquiries as this will place you at the end of the queue. We do our best to respond to all customers within 48 hours. Response times may be extended during holidays, promotions and immediately following launches/restocks.