Terms & Conditions
Effective as of June 2017
All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Murad, LLC or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Resurgence.com is also the exclusive property of Murad, LLC and protected by U.S. and international copyright laws. All software used on Resurgence.com is the property of Murad, LLC or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Resurgence.com for the sole purpose of placing an order with Resurgence.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Resurgence.com, is strictly prohibited.
All trademarks, logos, service marks and trade names on this website are proprietary to Murad, LLC or other respective owners that have granted Murad, LLC the right and license to use such intellectual property. Unauthorized use thereof, whether or not such use is tied to any commercial endeavors, is strictly prohibited.
The information, services, products offered for sale and materials contained in and/or advertised on Resurgence.com, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MURAD, LLC AND ITS PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Murad, LLC and its suppliers do not represent or warrant that the information accessible via Resurgence.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Product Information, Pricing, and Customer Orders Fulfillment
Most of the products displayed on our website are available in Murad-affiliated salons in the United States while supplies last. In some cases, merchandise displayed for sale on Resurgence.com may not be available in stores. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website.
You must be 18 years of age (or the age of majority in your state) to purchase our products or merchandise. We reserve the right, without prior notice, to discontinue or change product specifications and pricing at our sole discretion. While we strive to ensure accurate, error-free pricing, we reserve the right to modify or revoke any offer to correct any errors, inaccuracies, or omissions. This includes changes/corrections after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. We further reserve the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict our ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales.
We do not accept wholesale orders in any form or manner and such sales are strictly prohibited. In the event we discover that an order has been made with the intent to resell items offered on the website, or that an order has been made with the intent to engage in fraudulent activities of any kind, we reserve the right to immediately cancel the order, suspend or terminate the corresponding account, and pursue any and all legal remedies available to us under applicable law.
With the exception of limited-time promotional offers that include free shipping and handling, we will add applicable shipping and handling fees to your order. Unless otherwise noted, we will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change.
We are required to collect applicable state and local sales tax on orders shipped to certain states and we are required to follow the rules of each state. Your order will include the appropriate state and local taxes as required by law.
Automatic Renewal Terms
If you are placing an order online or by telephone as part of our automatic renewal program, your participation will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you.
IF YOU SUBSCRIBE TO OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO AT ANY TIME BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE or by calling 888-506-8723 in the United States.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone number listed on the website under Customer Service or by calling 888-506-8723.
You will retain your ownership interest in all reviews, comments or other submissions (“User Materials”) that you provide to Murad, LLC on or about this website and our social media platforms, or otherwise submitted in connection with your use of the website or Murad, LLC’s products or services. Notwithstanding the foregoing, you hereby grant to Murad, LLC and its agents, affiliates, suppliers, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all such User Materials in any manner and for any purpose. All such User Materials are, and will be treated as, non-confidential and non-proprietary. Murad, LLC may not be able to review all User Materials submitted and nothing herein requires Company to use, review or distribute User Materials provided by a user. You represent and warrant that prior to submission, you own the User Materials submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said User Materials on this website does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Further, by providing User Materials, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Murad, LLC, together with the Released Parties, harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the User Materials.
Murad, LLC's Electronic Communications to You
You agree that Murad, LLC is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the Resurgence.com site or Murad, LLC's products or services, or for such other lawful purpose(s) as Murad, LLC deems appropriate.
Links to Other Web Sites
THIS WEBSITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
APPLICABLE LAW AND ARBITRATION
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages, other than actual out-of-pocket expenses, and further waive all rights to have damages multiplied or increased.
You may opt out of the arbitration provision contained in this agreement by notifying Murad, LLC in writing at email@example.com of your election to opt-out within 30 calendar days from the date of first use of Resurgence.com.
Digital Millennium Copyright Act
Murad, LLC as an interactive service provider and is not liable for any and all claims resulting from the use of User Material. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized User Material has been posted on this website, please notify us by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following information: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) and the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”