Terms and Conditions of Use

Last Revision: June 21, 2010

Welcome to CHI LLC. (CHI) makers of SensiClear. It is very important that you read and understand all of the following terms and conditions before making a purchase. Your use of the www.sensiclear.com website, which provides you with access to a variety of resources, including product information, communication forums and educational materials (collectively the "Service") is subject to the Terms and Conditions of this Agreement. If you visit this Web site or use the Service, you accept these conditions. In addition, when you purchase any product from this Web site, you also will be subject to the guidelines and conditions applicable to such product. CHI reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and CHI's Privacy Statement, by posting the amended terms on our Web site. You will be able to tell that a revision has been made to these Terms and Conditions by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this Web site. Your use of our Web site or the Service following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this Web site.

CHI does not permit or advise any minor to make a purchase on our Site. All purchases of our products should be performed by any individual 18 years of age or older.

Use of this Service is not meant to serve as a substitute for professional medical advice. CHI encourages you to discuss the use of any goods, products or information received from this site with your physician prior to using or relying on them. Your doctor should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. CHI does not give nor intend to give any answers to medical related questions. We do not represent ourselves as physicians nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

All CHI purchases are for consumer use only. Products may NOT be resold. Dealer orders will NOT be accepted. CHI reserves the right to restrict dealer activity, accounts and to not process dealer orders.


  1. PRIVACY STATEMENT

    2. CHI believes strongly in protecting user privacy. Please refer to our Privacy Statement, which also governs your visit to www.sensiclear.com, for information on how CHI uses and collects information and protects your privacy.


  2. COPYRIGHT

    3. All Web site materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of CHI or its content suppliers and protected by United States and international copyright laws. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Web site�including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance�without the prior written permission of CHI is strictly prohibited.


  3. TRADEMARKS

    4. CHI and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained in the Service are either trademarks, registered trademarks or trade dress of CHI or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of CHI. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.


  4. REPEAT INFRINGER POLICY

    5. CHI respects the intellectual property of others, and we ask our users to do the same. CHI may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.


  5. CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

    6. If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Written notification must be submitted to the following:

    CHI LLC
    111 South Highland Street, Suite 159
    Memphis, TN 38111

    To be effective, the notice must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider ("Service Provider") to locate the material;
    4. Information reasonably sufficient to permit the Service Provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  6. LIMITED LICENSE

    7. CHI grants you a limited license to access and make personal use only of the Web site and its Services. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Web site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Web site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; or (e) downloading (other than the page caching) of any portion of any of the Web site or any information contained on the Web site, except with the written consent of CHI. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise under any patent, trademark, or proprietary right of CHI or any third party.


  7. USER RESPONSIBILITIES

    8. You agree to (1) provide certain current, complete and accurate information about yourself as prompted to do so by the Service; and (2) maintain and update this information as required to keep it current and complete. CHI shall have the right to use your information in accordance with the terms of the CHI Privacy Statement. Providing inaccurate or false data may result in the termination of your User Account and your right to use the Service. You acknowledge that you are solely responsible for your use of the Service including but not limited to all information, data, text, messages, instructions, or other materials of any kind ("Content") that you post, upload, through the Service. You agree not to post, upload, email, transmit, distribute or otherwise publish on or through the Service any of the following:

    • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, abusive, threatening, harmful, negligent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, misleading or that impersonates any person or entity or otherwise misrepresents your status or affiliation with a person or entity;
    • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
    • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
    • Viruses, corrupted data or other harmful, disruptive or destructive files;
    • Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail, chain letters and spam; and
    • Content that, in the sole judgment of CHI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which exposes CHI or its employees, site partners contributors, or other Users to any harm or liability of any type.

    Prohibited use of this Service may result in, among other things, the termination of your User Account and your rights to use the Service.

    All of the products purchased on the Service should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from CHI it should be only after the legal or parental guardian has discussed this product with the minor's doctor.


  8. USER ACCOUNT, USERNAME, PASSWORD AND SECURITY

    9. You agree that CHI is not responsible for maintaining the confidentiality of your Username, Password and Account (with the exception of those assurances provided in the CHI Privacy Statement) and that you are responsible for all activities that occur with respect to your User Account including maintaining the confidentiality of your Username, Password and Account information. You agree to defend, indemnify and hold harmless CHI from any liability or expense arising from your misuse of the User Account. You agree to immediately notify CHI of any unauthorized use of the User Account or any other breach of security known to you.


  9. MONITORING OF SERVICE BY CHI LLC.

    10. CHI reserves the right, in its sole discretion, to monitor and review any activity, messages, uploaded files, chats, forums or other Content associated with the Service and reserves the right to authorize restrictions on access thereto. You acknowledge that CHI has no obligation to screen or monitor any of the messages, postings or other Content posted on or using the Service, that CHI does not exercise editorial control over any such Content and that CHI shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may make or encounter while using the Service. CHI may, but is not obligated to, do any of the following:

    • Remove, screen, edit, filter or refuse to post any Content that it determines, in its sole discretion, may be harmful or offensive to others, may violate the rights of others or that are otherwise inappropriate or objectionable for any reason;
    • Investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate;
    • Access, preserve and disclose any information it considers necessary or appropriate in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect CHI's systems and customers, or to ensure the integrity and operation of CHI's business and systems, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
    • Terminate, restrict or suspend your access to the Service or to any Interactive Areas for any reason.

  10. DISCLAIMER OF WARRANTIES

    11. THE WEB SITE AND ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES IN THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHI AND ITS AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE WEB SITE AND ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES IN THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CHI AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, INFORMATION, CONTENT, PRODUCTS, AND SERVICES IN THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CHI DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

  11. LIMITATION OF LIABILITY

    12. IN NO EVENT SHALL CHI, OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES IN THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CHI, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHI' RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHI (WHETHER IN CONTRACT, WARRANTY TORT�INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED�PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHI FOR USE OF THE SERVICE.

  12. INDEMNIFICATION

    13. You agree to defend, indemnify and hold harmless CHI, and its directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Web site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against CHI and/or its independent contractors, service providers, or consultants, arising out of or relating to your use of the Web site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third party.


  13. GENERAL QUESTIONS AND COMMENTS

    14. General questions or comments about the Web site and the CHI Service may be directed to CHI's Customer Service by-e-mail  or by postal mail at CHI LLC, 111 South Highland Street, Suite 159, Memphis, TN 38111


  14. APPLICABLE LAW

    15. These Web site Terms and Conditions and any dispute of any sort that might arise between you and CHI and its affiliates shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.


  15. ARBITRATION

    16. You agree that any action at law or in equity arising out of or relating to your use of the Web site or to the products you purchase through the Web site shall be submitted to confidential arbitration in Sacramento County, California, except that, to the extent you have in any manner violated or threatened to violate CHI' intellectual property rights, CHI may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be governed by the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.


  16. SEVERABILITY

    17. If any of these conditions shall be deemed invalid, void or otherwise unenforceable, that condition shall be severable and shall not affect the validity and enforceability of any remaining condition.