Disclaimer to Receiving a Sample
June 21, 2019
Prior to participation in this study, you will be asked several questions regarding you hair routine, and you general health. You will be asked for information regarding your age, gender, pregnancy status, breast feeding status, and any immediate desire to conceive. If you agree to participate in the study and you are found to be qualified, you will be required to give feedback and complete additional survey questions.
Study Requirements and Restrictions
In addition to providing a test sample of your hair, you will be asked to use the shampoo and conditioner provided to you. During the study you will be asked to complete a set of questionnaires regarding your impression the product experience including the test kit, sample collection, and shampoo and conditioner in use. You may be asked to send additional hair sample for post product use analysis.
All products provided in this study are only intended for you to use, and not to be shared with anyone else. It is not recommended that you share the products.
To the best of our knowledge, the study products will not produce any adverse effects under normal usage conditions. However, as with any hair care product, irritation may occur in the form of a rash, tenderness, slight burning, or itching. If you experience any of these adverse effects, stop using the test product immediately.
The products provided will be given with a complete ingredient listing in addition to containing fragrances. Please read the ingredients list prior to use, and if there is anything you are allergic and or sensitive to, please do not participate in the product test portion of the study. Notwithstanding the foregoing, there is also a possibility that you may become allergic to the test product. If this occurs, we will try to identify the ingredient and inform you of its identity so that you can avoid contact with the substance in the future.
Participation in this study may also involve risks that are currently unforeseeable. Any new information which is discovered during the course of the study and which may influence your willingness to continue to participate in the study will be made available to you.
Your participation in this study is voluntary. Your participation in the study may be terminated at any time by the sponsor of the investigator without your consent. You may refuse to participate or withdraw from the study at any time.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Strands EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SAMPLE. THE SAMPLE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SAMPLE, OR ANY SYSTEMS YOU DESIGN USING THE SAMPLE (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY Strands THAT THE SAMPLE OR ANY SYSTEM DEVELOPED WITH OR INCORPORATING THE SAMPLE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
You agree to fully defend and indemnify Strands from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to (1) your use of the Sample or (2) your violation of the terms and conditions of this Agreement.
You must not resell Samples, through brokers, exporters, or otherwise, except as integrated into a product sold by you that contains substantial value added circuitry or software. If you breach the terms of this section, in addition to Strands’s cancellation rights, you agree to fully indemnify Strands, its officers, employees and distributors, from any and all liability related to such resale, including attorneys’ fees and costs.
Limitation of Liability
IN NO EVENT WILL Strands BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
Compliance with Laws
You must use the Sample in accordance with all applicable laws, regulations and statutes. You agree that neither you nor your licensees (if any) intend to or will, directly or indirectly, export or transmit the Sample to any country in violation of export restrictions.
Choice of Law; Venue; Limitations
You agree that the statutes and laws of the United States and the State of California, USA, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the Sample, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in California, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Sample must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You are not authorized to use any Strands trademarks, brand names, or logos.
This Agreement constitutes the entire agreement between you and Strands regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, executed by you and Strands.
If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or Strands of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.
Disclaimer of Warranty
Strands DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Strands DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Strands WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
The waiver by Strands of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.
I hereby volunteer to take part in this research study involving hair testing and hair care products as outlined above. The risks of my involvement in this study have been fully and clearly explained to me. I have had the complete freedom to ask any questions about the study. All my questions have been answered to my satisfaction.
I consent to take part in this research study.
I represent that I am at least 18 years of age, have read and understand the foregoing statement, and am competent to execute this agreement.
By filling out the questionnaire for the sample, I have been given enough time to understand the study details and have carefully considered all the risks associated with testing this product. I am voluntarily participating in the aforementioned activity and I am participating entirely at my own risk.
I acknowledge that I have carefully read this “Waiver and Release” and understand that it is a release of liability. I expressly agree to release and discharge Strands Hair Care and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns from any and all claims of causes of action and I agree to voluntarily give up and waive any right that I otherwise have to bring a legal action against Strands Hair Care for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Strands Hair care, its agents and employees.
In the event that I should require medical care of treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.