Terms and Conditions
Site Terms of Use
The Website is an Internet property of Hers Ageless (“try.hersageless.com”, “we” or “us”). You agree to the following Website Terms of Use in their entirety, when you: (1) access or use the Website; and/or (2) purchase products or services offered on our Website (“Online Products”). The Privacy Policy (“Privacy Policy”), the Anti-Spam Policy (“Anti Spam Policy”) and any and all other applicable Hers Ageless operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”), and by agreeing to these Website Terms of Use you are expressly agreeing to the Privacy Policy, the Anti Spam Policy, and all other terms of the Agreement. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.
1. Definitions
The “Hers Ageless Sites” shall mean all areas and services offered or available on the interactive online service operated by Hers Ageless and/or its affiliates on the World Wide Web. The Hers Ageless sites consist of information, services and content provided by Hers Ageless and/or its affiliates and/or third parties.
2. General
A. By placing an order, you will be charged the full price of the package selected. If you selected the single (sampler) bottle option of Hers Ageless, you will automatically be enrolled into a monthly continuity subscription and receive a bottle of Hers Ageless every month at the reduced price (after the initial purchase and every thirty days thereafter) of just $49.00 for the 15ml bottle or $69.00 for the 30ml bottle. You can cancel anytime by calling customer support at: (866) 995-0992 or by emailing us at: care@hersageless.com.
B. Hers Ageless shall have the right at any time to change or discontinue any aspect or feature of the Hers Ageless including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the Hers Ageless Sites a revised version of this Agreement or notification by electronic mail. Any use of the Hers Ageless Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of Sites.
A. The Hers Ageless Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Hers Ageless Sites are copyrighted as a collective work under the United States copyright laws. Hers Ageless is the owner of the copyright in the entire Hers Ageless Sites. Hers Ageless owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Hers Ageless Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Hers Ageless Sites without the express permission of Hers Ageless and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Hers Ageless Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. You hereby grant to Hers Ageless and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to Hers Ageless (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
C. You shall provide Hers Ageless with accurate, complete and updated information provided by you at the time of your purchase.
D. The Hers Ageless Sites contain links to other websites, resources and advertisers. Hers Ageless is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Hers Ageless be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master.
E. You agree not to take any action to interfere with the function or accessibility of the Hers Ageless Site or to take any action to restrict the access of others thereto.
F. The foregoing provisions of this Section 3 are for the benefit of Hers Ageless, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
G. Hers Ageless has carefully designed the Hers Ageless Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Hers Ageless Site in any way that interferes with that purpose. In particular, Hers Ageless prohibits any party from displaying the content on the Hers Ageless Sites in any format where third party advertising or other materials that Hers Ageless did not authorize in writing is viewed or viewable together with Hers Ageless proprietary content.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE Hers Ageless SITE IS AT YOUR SOLE RISK. NEITHER Hers Ageless, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE Hers Ageless WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Hers Ageless SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
B. THE Hers Ageless SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Hers Ageless IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL Hers Ageless OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE Hers Ageless SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Hers Ageless OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE Hers Ageless SITE. Hers Ageless’s LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO Hers Ageless.
E. Hers Ageless NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE Hers Ageless SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL Hers Ageless BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE Hers Ageless SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE Hers Ageless SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. Hers Ageless DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE Hers Ageless SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH Hers Ageless PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Hers Ageless MAKES PRODUCTS OR SERVICES AVAILABLE ON THE Hers Ageless SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
5. Indemnification
You agree to defend, indemnify and hold harmless Hers Ageless, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Hers Ageless Sites, including claims by other users of your equipment, access or membership.
6. Termination
Hers Ageless shall have the right to immediately terminate this Agreement with respect to any user which Hers Ageless, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
7. Trademarks
All trademarks appearing on the Hers Ageless Sites are the property of their respective owners, including, in some instances, Hers Ageless, and/or affiliated companies.
8. Return & Refund Policy
By placing an order, you will be charged the full price of the package selected. If you are for any reason unsatisfied with our product, you can send back any used or unused bottles for a full refund by calling (866) 995-0992 or emailing us at care@hersageless.com. You have 60 days to return the product, and will be responsible for applicable postage charges. 100% Refund Policy: If you are not happy with your purchase, please email us or call our customer support number (866) 995-0992 or numbers shown on your bank statement and one of our representatives will be happy to help you process a refund. You have 60 days to return the product, and will be responsible for applicable postage charges. We strongly encourage our valued home delivery program members to email or call our customer support staff to obtain an RMA (Return Merchandize Authorization) Number to help us expedite the refund process. Packages marked Return to Sender or refuse delivery may take longer than normal time to credit processing time. The refund will require 3 to 5 business days for approval. By hitting the Submit Button (order button) on our site shows that you are fully aware of and agree to all our terms of our stated refund and return policy.
PRODUCT RETURNS
How to Return Your Order.
To return a Product for an exchange due to shipping damage or when cancelling your order, you will need to obtain a Return Merchandize Authorization ("RMA") number by contacting the Customer Care Department Customer by Email or Support phone number. An RMA number can ONLY be obtained by contacting the Customer Care Department by email or phone.
Please Note:
We cannot process or exchange Product marked "Return to Sender."
To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. You will be subjected to a $9.95 re-stocking fee per bottle on returned products. Product returns must be postmarked within five business days of receiving your Return Merchandize Authorization ("RMA") number to be eligible for a refund.
Hers Ageless
RMA # (insert your RMA # here)
Returns c/o Hers Ageless,
Fulltech 5525 Market St. San Diego CA 92114
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
9. Shipping Policy
We offer free shipping to anywhere in the continental United States. All orders placed between the hours of 6 am and 3 pm Monday and Friday will be shipped out in 2-3 business days. Business days are Monday through Friday, excluding all US postal holidays. Handling is also included in your order. As soon as your order is shipped, you will be sent a confirmation email with your tracking numbers necessary to locate and track the status of your order in transit.
MISCELLANEOUS
This Agreement and any operating rules for the Hers Ageless Sites established by Hers Ageless constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Hers Ageless Site shall be brought in state or federal courts in Austin, Texas, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Hers Ageless to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.