YOUR PRIVACY AND THE SECURITY OF YOUR PERSONAL INFORMATION IS VERY IMPORTANT TO US
OUR PRIVACY AND SECURITY POLICY WILL CHANGE OVER TIME
SUMMARY OF OUR PRIVACY AND SECURITY POLICY
THE TYPE OF INFORMATION THE SITE COLLECTS ABOUT YOU
Tria Beauty collects information that you provide to us or that we learn about you from your use of the Site. For example, you may provide information to the Site when you register, sign in, search, add items to your shopping cart, participate in a survey, rate or review our products or services, or communicate with Tria Beauty's Customer Care department online. As a result of those actions, you might supply us with such information as your name, address, phone number, e-mail address, and personal shopping and product preferences. We also automatically receive and store certain types of non-personal information, such as demographic or statistical information, whenever you visit the Site.
HOW TRIA BEAUTY USES AND SHARES INFORMATION ABOUT YOU
We try to provide you with the information you need to make informed, reasonable choices with respect to how the Site uses or shares your information. Tria Beauty uses and shares personal information from you in several ways:
We use information we have collected about you to provide you with the very best health and beauty news, products and services, and shopping experience and to operate our business. We do not sell your personal information to third parties for any reason. We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.
We may share your personal information with third parties or affiliates of Tria Beauty where it is necessary for us to complete a transaction or do something you have asked us to do. Likewise, we may share your personal information with third parties or affiliates of Tria Beauty with whom we have contracted to perform services on our behalf. Companies that act on our behalf are required to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform.
We may disclose your personal information as permitted or required by law, such as in connection with a subpoena or similar legal process, or in connection with a merger, acquisition, or bankruptcy, as discussed further below.
Tria Beauty or its authorized service providers may observe activities, preferences and transactional data (such as your IP address, browser type and operating system) relating to your use of the Site. This information is generally collected in non-personally identifiable format. We may use this collected or logged information in order to provide better service, to facilitate our customers' use of the Site, to track usage of the Site, to address security hazards, and for other administrative or operational purposes. Tria Beauty, or its authorized service providers, may use this information to track aggregate traffic patterns throughout the Site. We may use aggregated, statistical information to describe our customer audience, products, and services, and to develop partnerships with third parties to offer products and services in which we believe our customers will be interested.
CONTENT YOU SUBMIT FOR POSTING
Some content that you post on the Site, for example when you share your experiences or rate or review products or services, may be made publicly available on the Site, in print or on third party websites and social media. If you would like to give us feedback on a product or service in a non-public manner, please contact us directly using the contact information below in the "Questions or Comments" section.
OUR SECURITY PRACTICES
WHAT ARE COOKIES AND HOW DOES THE SITE USE THEM?
LINKS TO THIRD-PARTY SITES
CONTACT PREFERENCES AND ACCESSING YOUR PERSONAL INFORMATION
You have choices when it comes to how Tria Beauty uses your personal information. When you register online with or purchase items from the Site or otherwise provide your email address to us, you are automatically signed up to receive information about merchandise, services and special promotional offers from us by e-mail and/or direct mail. If you do not wish to receive such product marketing information, please contact us by e-mail or direct mail to unsubscribe at email@example.com or Tria Beauty, 7999 Gateway Blvd., Suite 100, Newark, CA 94560. If you have an account on the Site, you can also change your contact preferences at any time by following the instructions on the Site. If you elect not to receive such product marketing information, Tria Beauty may continue to contact you as necessary to service your account and process your transactions and requests.
Keeping your account information accurate and up-to-date is very important so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on http://www.triabeauty.com/positively-clear/login on the Site to correct your account information online.
(For California Residents), California Privacy Rights under California Civil Code Sections 1798.83-1798.84: California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of personal information we share with third parties or affiliates for their direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org or Tria Beauty, 7999 Gateway Blvd., Suite 100, Newark, CA 94560. Please allow 30 days for a response.
THIS PRIVACY AND SECURITY POLICY APPLIES TO U.S. CUSTOMERS
MERGERS, ACQUISITIONS, AND BANKRUPTCY
If Tria Beauty should ever file for bankruptcy or merge with another company, or if Tria Beauty should decide to buy another business, or sell or reorganize part or all of Tria Beauty's business, Tria Beauty may be required to disclose your personal information to prospective or actual purchasers and other parties. It is Tria Beauty's practice to obtain appropriate confidentiality protections for information disclosed in these types of transactions.
TRIABEAUTY.COM IS NOT FOR USE BY CHILDREN
The Site is not intended for use by minor children (under the age of 18). Parents and guardians should monitor the use of the Site by minor children. Children under age 13 should not use the Site at all. If a child under age 13 submits information through any part of the Site, and Tria Beauty becomes aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as possible.
WHAT ELSE SHOULD I KNOW ABOUT MY PRIVACY?
You should be careful to maintain the secrecy of your passwords and/or account information and be responsible about protecting your personal information and identity whenever you are online.
QUESTIONS OR COMMENTS
7999 Gateway Blvd., Suite 100
Newark, CA 94560
LAST REVISED June 14, 2017
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Tria Beauty reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
Tria Beauty also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Tria Beauty's other remedies. Tria Beauty further reserves the right to terminate, without notice, any user's access to or use of the Site for any reason.
Tria Beauty reserves the right without notice, at any time and for any reason, to terminate the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by Tria Beauty. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Tria Beauty or its affiliates or are licensed from third party service providers by Tria Beauty. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED "AS IS"
Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Site and the Services is personal to you -- you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Tria Beauty. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Tria Beauty. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. Tria Beauty does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Tria Beauty becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
REGISTRATION WITH TRIABEAUTY.COM
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account with us. If necessary, we will assist you in creating a user id and a password. You are responsible for maintaining the security of your log-in information and password.
SHOPPING CART ORDERS
When you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider's Site and not on the Site.
FREIGHT TERM, TITLE TRANSFER
Unless otherwise agreed products shall be shipped "F.O.B Origin" (Tria Beauty's warehouse), regardless of prepaid freight by Tria Beauty or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing. For the buyers protection we recommend shipping products with signature required.
CONTENT SUPPLIED BY YOU
Tria Beauty may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content") to the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that:
By posting Content or engaging in any other form of communication through the Site, you grant Tria Beauty, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, translate, publish, create derivative works of, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such Content or communication, in whole or in part, alone or with other materials, and to sell, grant and authorize sublicenses of the foregoing, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose, including without limitation commercial, advertising and promotional activities, without compensation to you.
CONTENT POSTED BY USERS IS NOT ENDORSED BY TRIA BEAUTY
Tria Beauty does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Tria Beauty or its third party service providers. Tria Beauty reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice. You agree that Tria Beauty and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Site by others, including Unacceptable Content that violates this Agreement.
THIRD PARTY LINKAGES
Tria Beauty respects the intellectual property of others, and we ask our users to do the same. Tria Beauty may, at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Tria Beauty in writing by providing a notice containing the information set forth below to:
7999 Gateway Blvd., Suite 100
Newark, CA 94560
Attention: Tria Beauty Copyright Agent
The notice of copyright infringement must contain:
You agree to indemnify Tria Beauty and its affiliates, officers, directors, employees, agents, representatives, joint venturers, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your use of the Services or Site Information obtained through the Site, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TRIA BEAUTY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF TRIABEAUTY.COM.
TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE TRIA BEAUTY, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION AND GOVERNING LAW
Tria Beauty makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
TRIABEAUTY.COM IS FOR USE IN THE UNITED STATES
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
The Tria, Tria Beauty and the Site names, logos, and other identifying marks are the property of Tria Beauty. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
CLEARANCE AUTHORITY STATEMENT
By ordering goods from Tria Beauty, I hereby authorize a licensed Canadian customs broker chosen by Tria Beauty to act as my agent, and to transact business with Canada Customs Revenue Agency (CCRA) to clear my merchandise, account for applicable duties and taxes, to return merchandise to Landmark Global and prepare and submit refund claims on my behalf for any merchandise that I return.
I understand that CCRA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from Tria Beauty. In this connection, I also authorize the customs broker to endorse any refund check issued by CCRA in my name, so that Tria Beauty can be reimbursed. I also waive my need for any receipt of this transaction which may include classification of goods, transaction number, and a breakdown of duties and taxes.
7999 Gateway Blvd., Suite 100
Newark, CA 94560
LAST REVISED : June, 2017
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