90 Day Feel and See Guarantee
Pacific Bioscience Laboratories, Inc.
ACCEPTANCE OF TERMS
Pacific Bioscience Laboratories, Inc. (Pacific Bioscience Laboratories) provides access to this website, as well as skin care products including Clarisonic Skin Care Brush and accessories, subject to the user’s acceptance of the following User Agreement which may be updated by Pacific Bioscience Laboratories from time to time. By becoming a user of this site, the user agrees to be bound by the terms of this agreement. When using a particular Pacific Bioscience Laboratories service or product, the user also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this agreement, the provisions of this agreement shall govern.
CONDITIONS OF WEB SITE USE
Pacific Bioscience Laboratories hereby grants the user a nonexclusive, nontransferable license to access and use the website and to view and download a copy of the text and images expressly designated to the user by Pacific Bioscience Laboratories. The user may use the website only for retrieval of the content and shall comply with all applicable laws and regulations with respect to use of the website and content hereunder. This license only grants to the user the website and content, and the user does not acquire any right of ownership or title in them. All right, title and interest in and to the website and content will at all times remain the property of Pacific Bioscience Laboratories.
Any information a user provides to Pacific Bioscience Laboratories in connection with the use of the site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for Pacific Bioscience Laboratories.
This website and the information, names, images, pictures, logos and icons regarding or relating to Pacific Bioscience Laboratories and its products and services are provided “as is” and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Pacific Bioscience Laboratories or any of its contractors, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages whatsoever resulting from access or use, or inability to access or use this website, or arising out of any materials, information, qualifications or recommendations on this website.
This website may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at Pacific Bioscience Laboratories’ sole discretion. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into this website at a later date. Pacific Bioscience Laboratories may at any time make modifications, improvements and/or changes to these terms and conditions, the information, names, images, pictures, logos and icons displayed on clarisonic.com, or the products and services referred to within, with or without notice.
This site may contain hyperlinks to third party websites outside of the site. Pacific Bioscience Laboratories makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party website. Pacific Bioscience Laboratories has no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites’ content.
This website provides access to the Clarisonic store and, therefore, may contain references to particular Pacific Bioscience Laboratories’ products and services that may not be readily available outside of the United States. Any such reference does not imply that Pacific Bioscience Laboratories, in any particular country, intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Pacific Bioscience Laboratories in any particular country.
Visitors may not use any device, software or routine to interfere with the proper working of the site. Users may not use any method to intercept or expropriate any system data or information from the site without the express written permission of Pacific Bioscience Laboratories. Users may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the site including but not limited to unsolicited e-mail (ie: “Spam”).
Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy Pacific Bioscience Laboratories’ web pages or the content contained herein without the prior expressed written permission of Pacific Bioscience Laboratories. Information on the site is frequently updated and is proprietary or is licensed to Pacific Bioscience Laboratories. Users agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of Pacific Bioscience Laboratories and the appropriate third party.
Pacific Bioscience Laboratories periodically may schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Pacific Bioscience Laboratories shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the site.
INTELLECTUAL PROPERTY: GENERALLY
All pages within the site are the property of Pacific Bioscience Laboratories. The site and our products are protected by federal and international copyright and trademark laws. No portion of the materials on the site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Pacific Bioscience Laboratories. A user may not, and this agreement does not give a user permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the site or our products. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A user may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site or its content. Any rights not expressly granted by this agreement with respect to the site are reserved by Pacific Bioscience Laboratories.
INTELLECTUAL PROPERTY: TRADEMARK NOTICE
Clarisonic, Aria, Mia 2, Mia, Opal, pLink, and T-Timer are either registered trademarks or trademarks of Pacific Bioscience Laboratories, Inc. Any other trademarks and / or logos used on this site are the trademarks, service marks or logos of their respective owners. Nothing in this agreement shall confer any right of ownership of any of the trademarks to any user. Further, nothing in this site shall be construed as granting, by implication or otherwise any license or right to use any trademark used or displayed on this site, without the express written permission of Pacific Bioscience Laboratories or the trademark owner.
INTELLECTUAL PROPERTY: LINKING TO THE SITE
Unless a user has a written agreement in effect with Pacific Bioscience Laboratories which states otherwise, users may only provide a hyperlink to Pacific Bioscience Laboratories’ websites on another website, if the user complies with all of the following: (a) the link must be a text-only link clearly marked either (i) “pacbiolabs.com” or “www.pacbiolabs.com” or (ii) “clarisonic.com” or “www.clarisonic.com” or ; (b) the link must "point" to the URL “http://www.pacbiolabs.com” or “http://www.clarisonic.com” and not to other pages within these websites; (c) the link, when activated by a user, must display the Clarisonic or Pacific Bioscience Laboratories websites full-screen and not within a frame on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with Pacific Bioscience Laboratories and trademarks or create the false appearance that Pacific Bioscience Laboratories or Clarisonic are associated with or a sponsor of the linking website. Pacific Bioscience Laboratories reserves the right to revoke its consent to any link at any time in its sole discretion.
INTELLECTUAL PROPERTY: IDEAS; FEEDBACK
Pacific Bioscience Laboratories may accept or consider unsolicited ideas such as ideas for new products, processes, new advertising campaigns, new promotional activities, marketing plans or new product names. Please be advised that Pacific Bioscience Laboratories will not treat them as confidential or proprietary. Pacific Bioscience Laboratories welcomes any feedback regarding this website and its products. However, please be advised that such feedback will not be deemed confidential. By sending Pacific Bioscience Laboratories feedback, the user agrees to allows us to use such feedback on an unrestricted basis, including for, but not limited to, advertisement purposes.
INTELLECTUAL PROPERTY: GOVERNING LAW AND CHOICE OF FORUM
This agreement shall be governed by and construed in accordance with the laws of the state of Washington, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any suit relating to this agreement, the site or the software products shall be brought exclusively in the federal or state courts located in King County, Washington, and both parties consent to the jurisdiction thereof.
This site and any content are offered by Pacific Bioscience Laboratories, located at 17275 67th Court, Redmond, WA, USA 98052. Questions concerning Pacific Bioscience Laboratories, Clarisonic, this site, other products, or any aspect of this agreement should be directed to Pacific Bioscience Laboratories at the aforementioned address or P.O. Box 429, Redmond, WA 98052.