TERMS & CONDITIONS

Thank you for visiting this website, www.toppik.com, which we refer to as the “Site.” The Site is owned and operated by Spencer Forrest, Inc. These Terms of Use and our Privacy Policy, each as may be amended from time to time, as well as any other rules or restrictions posted on the Site, apply to you whenever you view, access or otherwise use the Site. Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. Even if you “bookmark” a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these terms. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use the Site. Any unauthorized, improper and/or illegal use of the Site or any contents available therein, will result in the termination of your license to use the Site. The Site is primarily intended for and directed to residents of the United States and Puerto Rico and all information, advertising and claims contained on the Site are valid in and applicable only to the United States and Puerto Rico. Site visitors outside of the United States who choose to access the Site and use its contents in any way are responsible for compliance within their own legal jurisdictions. Toppik shall remain free of any liability connected to international visitors using this Site and/or any information contained therein. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.

Privacy Policy

In addition to these Terms of Use, your use of the Site is also governed by our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information.

Site Use and Content

Limited License to Use Site. All materials on this Site—including, for example, all of the images, photographs, illustrations, text, product descriptions, formats, logos, designs, icons, programs, and video or audio clips (collectively, the “Contents”)— are intended solely for personal, non-commercial use. Toppik retains all rights to copyrighted materials, trademarks, brand names, product formulas, logos, labels and packaging available and displayed on the Site.
You are granted a limited, non-exclusive and revocable license to access and make personal use of this Site. This license does not include any resale or commercial use of the Site or Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Toppik. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates without our express written consent. You may not use any meta tags, meta names or any other “hidden text” utilizing the name or trademarks of Toppik or our affiliates without the express written consent of Toppik. Any unauthorized, improper and/or illegal use of the Site or any Contents will result in the termination of your license to use the Site.

Copyright Protection. All Content appearing on the Site, including the site design, graphics, logos, icons, photographs, images, and audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of Toppik and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. The Content on the Site may be used by you as an educational or information resource. Any other use, including downloading, uploading, copying, reproducing, modifying, distributing, transmitting, republishing, displaying, creating derivative works of, or performance of the Content is strictly prohibited. You may not provide links to images or text on our Site for commercial purposes without our express written consent. Upon request that you remove any link to the Site, you must immediately remove such link. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site, or use a link to our Site for commercial purposes, you may contact us at support@toppik.com. We reserve the right, in our sole discretion, to condition or refuse to consent to the use of any or all of the Content at any time and in any manner. All rights not expressly granted herein are reserved. Trademarks. Unless otherwise specified, “Toppik,” the Toppik logo, all product names, slogans and other logos are trademarks, or trade names (“Marks”) of Toppik and/or Spencer Forrest, Inc. All other Marks are the property of their respective owners. The use of any of our Marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication, estopppel or otherwise, any license or right to use any Marks appearing on the web site without the prior written consent of Toppik or the third party that owns the Mark. Product Descriptions. Toppik attempts to provide accurate and updated information with respect to the Toppik products described on the Site, however, we make no guarantee that the product descriptions and information on the Site are complete, accurate, timely or free from error. Medical Information. The Site contains information about the Toppik products, and various hair and skin conditions. However, this information is meant for informational purposes only and is not meant to act as a substitute for advice provided by a physician or other qualified healthcare professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any product is safe for you. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a physician. Third Party Websites and Links. We may provide links to external, third party websites on the Site. Such links are provided merely as a convenience to you and do not in any way constitute or imply our endorsement, or recommendation of the third party, its information, products or services. Similarly, this Site may be accessible from third party links over which we have no control. Access to or from such websites are strictly at your own risk and subject to the terms of those websites. We recommend that you review the terms and policies applicable to those websites prior to your use. We make no warranties or representations of any kind as to the accuracy or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. We reserve the right to add, change or remove any link at any time.

User Information and Content

Email Communications. When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing. User Content. From time to time, you may have the opportunity to post certain information, data, photographs, graphics, videos messages or other materials, including but not limited to, comments on our products, testimonials or other opinions. Subject to our Privacy Policy, any content that you post on the Site will be treated as non-confidential and non-proprietary to you, and may be viewed by you and other users of the Site, and you hereby grant to Toppik and its affiliates, the royalty-free, unrestricted, worldwide, perpetual, irrevocable and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of and/or post such content (in whole or in part) and incorporate it in other works in any media, form or technology now or later developed for any purposes. You agree that you are the sole owner of the content. You acknowledge and agree that any content that you or any other user posts on the Site will be posted, viewed and/or used by you at your own discretion and risk. We make no guarantee regarding the accuracy or completeness of any content posted by a user of the Site. We reserve the right (but have no obligation), at our sole discretion, to modify, refuse or remove any user content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate or objectionable.

Site Security and Prohibited Actions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Disclaimer of Warranties and Limitation of Liability

NEITHER TOPPIK NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT CONTENT OR INFORMATION ON THE SITE IS ACCURATE OR RELIABLE, AS TO THE QUALITY OF ANY PRODUCTS DESCRIBED ON THE SITE, OR THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PHYSICIAN. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT TOPPIK AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPPIK, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF TOPPIK HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, IN SUCH STATES OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Toppik, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by you of these Terms of Use.

Governing Law

This Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Miscellaneous

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Toppik reserves the right to alter or delete materials from this Site at any time and at its own discretion.
Effective as of October 2014.