PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By clicking "Yes" below, you agree to be legally bound by these terms and conditions, and these terms and conditions will constitute a contract between you and Tria Beauty, Inc. (the "Company").
a. By selecting to participate in the Replenish Me Program (the "Program") in connection with your purchase of the 3-step Acne Skincare Solution, Positively Clear Skincare Duo (each, a "Product"), you hereby authorize the Company to bill the credit card you provided as follows:
b. On the initial date of purchase, the current list price of one unit of each Product that you selected to purchase under the Program (each, a "Selected Product"), plus tax and all other applicable charges (including shipping charges), will be billed to your credit card, and the Company will then ship to you one unit of each Selected Product; and
c. Every 60 days after the initial date of purchase (or such other period as provided below) (in each case, the "Replenish Period") until your order is canceled with respect to one or more Selected Products in accordance with Section 3 below, the then current list price of one unit of each Selected Product, plus tax and all other applicable charges (including shipping charges), will be automatically billed to your credit card (without requiring further notice to you or authorization by you), and the Company will then ship to you one additional unit of each Selected Product.
d. The current list price of each Product as of a given date can be found on the Company's website at http://www.triabeauty.com/positively-clear, and the Company reserves the right, at any time and without prior notice, to change the price of any one or more Products. In addition, the Company reserves the right, at any time and without prior notice, to add or remove Products from the Program.
e. By selecting the Program, (a) you agree to pay the above charges by credit card, (b) you hereby represent and warrant to the Company that the credit limit for the credit card you provided is sufficient for each of the above charges and (c) you agree to be liable for all amounts set forth above (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges).
f. In the event that the credit limit for the credit card you provided is not sufficient for the above charges or such credit card is cancelled, revoked or suspended before full payment is made, you agree (a) to provide the Company with an alternative credit card and hereby authorize the Company to charge any or all of the above amounts to such alternative credit card and (b) that the Company may, without notice, cancel or suspend any and all shipments and orders (in addition to pursuing any other available remedies).
g. By selecting the Program, you agree to keep your shipping and billing addresses and credit card information current. You may update your address and/or credit card information by signing in to your online account at http://www.triabeauty.com/positively-clear/login , then selecting "Account Information" and then selecting "Edit Address" or "Edit Credit Card", as applicable, or contacting Customer Care at firstname.lastname@example.org
a. Each shipment of Selected Products is subject to the Company's then current return policy and procedure, as posted on the Company's website at triabeauty.com/positively-clear/login, and also available by contacting Customer Care at email@example.com. The Company reserves the right, at any time and without prior notice, to modify, alter or update its return policy and procedure.
a. You may cancel or suspend your participation in the Program with respect to one or more Selected Products 48 hours prior to the next applicable shipment date by signing in to your online account at www.triabeauty.com/positively-clear/login, then selecting "Manage Replenishments" and then selecting "Cancel Order", or contacting Customer Care at firstname.lastname@example.org.
a. The Program is only available to customers who reside and receive shipment in the United States.
b. The Program may not be used in conjunction with any other offers, promotions, discounts or similar programs.
a. These terms and conditions are governed by the laws of the State of California, without regard to the conflicts of laws principles of any jurisdiction.
b. Any express waiver or failure to exercise promptly any right under these terms and conditions will not create a continuing waiver or any expectation of non-enforcement. If any provision of these terms and conditions is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these terms and conditions will remain in full force and effect.
c. Shipping and handling charges will not be refunded in connection with any permitted returns, unless otherwise expressly provided under the Company's then current return policy and procedure referenced under Section 2 above. These terms and conditions constitute the entire agreement between you and the Company relating to their subject matter. No modification to these terms and conditions will be binding unless in writing and signed by an authorized representative of each party. You may not assign, sublicense, delegate or otherwise transfer any rights or obligations hereunder.
$149 ($229 value)
Clear, healthy skin is just 3 steps away with the new Positively Clear 3-Step Acne Skincare Solution.
It's the one and only dermatologist recommended acne-blasting treatment that combines bacteria-fighting blue light therapy with potent skincare to treat more effectively than traditional treatments alone. This easy 3-step fix addresses all 4 causes of acne to reveal glowing, flawless-looking skin. Cleanse. Treat. Target. And say good-bye to acne.
Positively Clear 3-Step Acne Skincare Solution, 60-day Supply. For todayâs 60-day Positively Clear 3-Step Acne Skincare Solution, you will make 1 payment of $149.00 plus shipping and handling for this shipment.
Approximately 60 days after your first order is shipped, and then approximately every 60 days thereafter, you will be sent a new 60 day supply of the Positively Clear Skincare Duo consisting of the Positively Clear Foam Cleanser and the Positively Clear Spot Treatment. Each shipment will be charged to the card you provide today, approximately every 60 days at the guaranteed low price of $39.00 plus shipping and handling per shipment, unless you call to cancel. There is no commitment and no minimum to buy. Please note exact shipment times may vary. To customize future shipments and charges, call customer service anytime at (877) 321-8742.
Every Positively Clear 3-Step Acne Skincare Solution includes a 90-day money-back guarantee of the purchase price less shipping and handling.
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, 4160 Dublin Blvd., Suite 200, Dublin, CA 94568. 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/login.htm 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, 4160 Dublin Blvd., Suite 200, Dublin, CA 94568. 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
4160 Dublin Blvd., Suite 200
Dublin, CA 94568
LAST REVISED January 18, 2011