IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the Pagerie website accessible at www.pagerie.com, as well as and including any other Pagerie websites or web pages accessible through the Pagerie website or other promotional websites Pagerie hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the United States.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THEY CONTAIN PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Please see the separate terms of use applicable to other country-specific or region-specific web pages available on pages accessed through www.pagerie.com or other promotional websites.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by, and act in accordance with, these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and your use indicates agreement to be bound by such changes.
1. PRIVACY
Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the Terms of this Legal Statement.
2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS
Pagerie and/or its worldwide affiliates (“Pagerie”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
Pagerie owns all copyrights for all material on the Sites or has a valid right from a third party for material used on the Sites. Pagerie also owns all trademarks, service marks, trade names, logos and domain names used on, or in connection with, the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of Pagerie's copyright and other proprietary rights. Certain functionality provided via this website may be covered by U.S. Patents.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of Pagerie. This prohibition also also applies to the framing of any of the content from the Sites.
3. DISCLAIMER/LIMITATION ON LIABILITY
Use of, and browsing in, the Sites are at your own risk. Neither Pagerie, nor any party representing or otherwise affiliated with Pagerie in creating or presenting the Sites, are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of Pagerie’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
Solicited information that you submit to Pagerie by email in order to register or sign up, purchase products, and/or submit appropriate questions to the Sites, is subject to our Privacy Policy. All unsolicited reviews, comments, or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by Pagerie and Pagerie may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.
4. LINKS
Pagerie is not responsible for third party websites that link to or from the Sites. Pagerie does not endorse any such sites or the goods or services offered on such sites. Pagerie disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased on them. Pagerie shall not be held liable or responsible for the content of any sites that link to or from the Sites.
5. ACCURACY OF INFORMATION
Pagerie takes reasonable steps to ensure the accuracy of the information included in the Sites. However, Pagerie takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
6. PRICES
When applicable, prices displayed on the U.S. portion of the Pagerie Sites are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary between the U.S. mainland, Hawaii, and Alaska. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.
7. NO WAIVER
The failure on the part of Pagerie to enforce any part of these Terms shall not constitute a waiver of any of Pagerie's rights hereunder for past or future actions.
8. TERMS OF USE OF QUESTIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
By submitting a question, comment, communication or other content (“Statement”) to Pagerie.com (the “Site”), you thereby grant Pagerie the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other Pagerie websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in Pagerie’s email marketing campaigns and newsletters.
You warrant and represent that all of the Statements you have made regarding Pagerie and/or its products are true and accurately reflect your honest opinion of, and experience with, Pagerie and its products. You have made the Statements without any prior payment or promise of payment, or having received any benefit, and with no expectation of benefit or payment in return. You agree to notify Pagerie immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of Pagerie nor are you a paid spokesperson for Pagerie.
You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by Pagerie to remove any store names and/or personally identifiable information or other sensitive information about yourself or others. Pagerie expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”), which prohibit any Statement that contains any of the following types of content:
• Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
• Advertisements, 'spam' content, or references to other products, offers, or websites.
• Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
• Email addresses, URLs (excepting pagerie.com), phone numbers, physical addresses, or other forms of contact information.
• Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
• Discussion of medical conditions or claims of medical effectiveness.
• Content that is false or misleading.
• Content that is unlawful or which promotes unlawful activities.
Pagerie has sole discretion in making all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines.
10. AGREEMENT TO ARBITRATE DISPUTES
WE BOTH AGREE TO ARBITRATE.
You hereby agree that any dispute between you and Pagerie relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this arbitration provision), the Privacy Policy, the Sites and/or an item purchased through the Sites (“Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules” available at https://www.adr.org) in effect on the date thereof. The arbitration will be conducted before a single neutral arbitrator, chosen by the parties, and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings, as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as is mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pagerie will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.
NO CLASS ACTIONS.
The arbitration before the AAA shall proceed solely on an individual basis, without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Pagerie alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against Pagerie in violation of this paragraph, and Pagerie is the prevailing party in any such litigation or proceeding, you agree to pay reasonable costs and attorneys’ fees incurred by Pagerie in connection with its enforcement of this paragraph.
REPRESENTATIVE PAGA WAIVER.
Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law: (1) you and Pagerie expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and PAGERIE agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason, the following applies: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining Covered Disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Covered Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Covered Disputes, the Parties agree that litigation of those Covered Disputes shall be stayed, pending the outcome of any individual Covered Disputes in arbitration.
EXCEPTIONS TO ARBITRATION.
This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (9 U.S.C. sec. 1-16).
OPT-OUT OF AGREEMENT TO ARBITRATE.
You can reject this Agreement to Arbitrate by emailing Pagerie at info@pagerie.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; and (5), a clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first indicated acceptance of the Terms, by using the Pagerie Sites.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. You agree not to raise the defense of forum non conveniens.11. forum non conveniens 11: Severability. If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of the said invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
11. MISCELLANEOUS
You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and Pagerie with respect to the use of the Sites.
Pagerie may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
The Sites are not intended to provide any medical information about the skin or any other physical matter.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING OF, AND AGREEMENT TO, COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: June 2020
TERM OF USE
The terms contained herein (the “Terms of Use”) concern access to and use of the Site. By using the Site, the User fully and completely accepts the Terms of Use. It is important to read these Terms of Use together with our Privacy Policy and Terms and Conditions.
Table of Contents
1. Definitions
2. Disclaimer
1. Definitions
Pagerie: a private company established under American law, based in Los Angeles, California (The United States of America) and registered with the state of California under file number _______, trading under the trade name “Pagerie”.
Site: the website www.Pagerie.com and all of its sub-domains.
User: any individual visitor to the Site or recipient of specific content such as ads, emails or newsletters in relation to Pagerie.
2. Disclaimer
The Site is subject to American law. The information on this Site is offered on an “as is” basis. This means that Pagerie does not provide any guarantees or accept any liability regarding the accuracy or completeness of any information on the Site. Under no circumstances will Pagerie or its subsidiaries or affiliates be liable for any direct, incidental or consequential damages, or any claims for compensation arising from access to or use of the Site.
Under no circumstances will Pagerie be liable for any damage resulting from any loss resulting, directly or indirectly, from the use, function or performance of the Site, or any services in connection therewith, or any contents contained therein, unless such damage was proximately caused by the gross negligence or an intentional act of Pagerie and/or its employees.
The Site may feature links to other websites. If these links refer to web pages outside of the Pagerie domain, such web pages will not be administered by Pagerie and Pagerie will not be responsible for their contents.
By communicating with Pagerie through the Site, or uploading any information and/or materials to the Site, the User authorizes Pagerie to use this information for the purpose for which the User has made it available to Pagerie. For example, if a User subscribes to the newsletter, the User accepts that they may receive correspondence from Pagerie.
All intellectual and other property rights, such as text, graphics, images, icons and trademarks and trade names, featured in the information and materials on the Site are owned by Pagerie and/or its licensors. Access to this information does not entitle the User to any rights. These materials may not be copied, distributed or used for any purpose, except as otherwise allowed by law, without express written consent from Pagerie. You may not use our trademarks in connection with any product or service in any way that is likely to cause confusion.
You are fully responsible for the truthfulness, accuracy and completeness of the information you upload, share with or send to the Site.
Pagerie reserves the right to modify this disclaimer from time to time. Your continued access to and use of the Site after the making of such modifications and the posting of the updated disclaimer on this web page, will constitute your unconditional acceptance of such modifications.
Pagerie, 2020 All Rights Reserved