Terms of Service
Last Updated: March 5, 2022
This website (https://pro.averraglow.com/) is operated by AVERR AGLOW LLC Throughout the site, the terms “AVERR AGLOW”, “we”, “us” and “our” refer to AVERR AGLOW LLC. AVERR AGLOW offers this website, including all information and tools available from this site (collectively, the “Website”) to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
Our postal address is:
2100 Boggs Road NW,
Duluth, GA, 30096, USA
You represent and warrant that you are an individual of legal age and/or a company in your state, province or country of residence to form a binding contract. Your usage of our Website is at your own risk, and we will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to us at any time.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our products (the “Products”) and Services to you.
- YOUR AVERR AGLOW PROFESSIONAL ACCOUNT
You will need a set of account and password to access our Professional Services, including but not limited to our affiliate program. You may create your own account at the https://pro.averraglow.com/account/register webpage.
You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your account.
- PRODUCTS AND/OR SERVICES
Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy (https://pro.averraglow.com/pages/return-policy). We reserve the right to refuse any return or exchange of Products for any reason.
You may not use our Products for any illegal or unauthorized purposes, nor may you, in the use of our Products or Services, violate any laws in your state, province or country of residence. You agree to not resell our products without our express prior permission.
We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, company, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product and to refuse service to anyone for any reason at any time. Any offer for any Product or Service made on this Website is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Neither AVERR AGLOW or our Website offers any medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. All Products should be used as directed on the Products’ containers or on this Website. Discontinue using any Product that causes irritation (redness, itching, burning, scaling, soreness, breakout, or other symptoms) immediately. Please consult a professional dermatologist in your area if you have a medical problem with your skin. Any continued use of Products that cause irritation is at your own risk and perils.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- NO WARRANTIES
The Website and any information contained therewith are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- The Website or any information contained therewith will be constantly available, or available at all; or
- The information on the Website is complete, true, accurate or non-misleading.
The Website and any information contained therewith are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Website is at your own risk.
This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to update this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes on the Website.
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Website, should be taken to indicate that all information in the Services or on the Website has been modified or updated.
- LIMITATIONS OF LIABILITY
AVERR AGLOW will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the use of, or otherwise in connection with the Website, online or offline:
- For any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if AVERR AGLOW has been expressly advised of the potential loss.
AVERR AGLOW is not responsible for any User Submissions, as defined hereinbelow, on AVERR AGLOW’s Website or social media platforms, including but not limited to the groups listed at www.facebook.com/pg/averraglow/community (collectively, the online communities are hereinafter referred to as the “Communities”). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for the staff or the owners of the Communities to confirm the validity of posts. AVERR AGLOW does not actively monitor the posted messages, and as such, is not responsible for the content contained within.
- INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Website may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website, shall be the exclusive ownership of AVERR AGLOW.
You may use our Website only for the purpose of using the Services as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without AVERR AGLOW’s prior written permission. You may not copy or distribute any graphics from the Website from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Website. All rights not expressly granted herein are hereby reserved by AVERR AGLOW.
Any unauthorized use of the materials appearing on our Website may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
Our Website, as well as Communities, contain functions that allow you submit feedback and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions when you create, upload, submit, store feedback to or through the Website or Communities, you agree to give AVERR AGLOW a royalty-free, perpetual, sublicenseable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable AVERR AGLOW to operate and improve its Services.
- USER SUBMISSION AND USE STANDARDS
Any and all User Submissions you make via the Website and any and all uses you make of the Website must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- Not violate or try to violate the security features of the Website;
- Not be likely to deceive any person;
- Not promote any illegal activity, or advocate, promote or assist any unlawful act;
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access AVERR AGLOW’s Website and Communities.
AVERR AGLOW reserves the rights to remove or modify any User Submission submitted for any reason without explanation. AVERR AGLOW reserves the right to take action against any account with AVERR AGLOW’s Communities at any time. AVERR AGLOW may, at its sole discretion, make or decide not to make User Submissions available on our Website and/or Communities. AVERR AGLOW does not guarantee any User Submission will be promptly made visible following submission, or made visible at all.
- PERSONAL INFORMATION
- OTHER PARTIES
You accept that AVERR AGLOW has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AVERR AGLOW’s directors, officers or employees in respect of any losses you suffer in connection with the Website.
AVERR AGLOW may provide you with access to third party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Website may include materials from third parties. Third party links on this site may direct you to third party websites that are or affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party contests hosted or any third-party materials, products or services made available on the Website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- GOVERNING LAW
Last Updated: March 5, 2022
Processing activities covered
- Registering as a member of AVERR AGLOW’s loyalty program (the “Loyalty Program”) or otherwise complete a user profile or other forms via AVERR AGLOW’s Website;
- Placing a purchase order via AVERR AGLOW’s Website;
- Communicating with us to report a problem or to submit queries, concerns or comments regarding AVERR AGLOW’s Website, products and/or services;
- Receiving email communications from us; and
- Joining one or more of our online communities and participating in discussions within such online communities.
Personal information that we collect
We only collect the personal information that is necessary to carry out our business, provide the product(s) and/or service(s) you requested and to keep you informed of the latest news about our products and services.
Subject to certain exceptions and limitations, personal information is any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household.
The personal information that we collect directly from you may include the following:
- Personal identifiers, which may include, without limitation, email address, name, address, telephone number, credit card number, debit card number, or any other financial information;
- Commercial information, which may include your billing information and purchase history;
- Internet or other electronic network activity information, which may include, without limitation, browsing history, search history, and information regarding interaction with an internet website, application or advertisement;
- Geolocation data, which may include, without limitation, current and historical physical location including the country, state, city, zip code, address and/or location over time; and
- Inferences we make, which may include your likelihood of retention.
Personal information of children
You must be at least 16 years old to create any account with AVERR AGLOW and to sign up to our newsletter. We do not knowingly collect any personal information from children under the age of 16. Those under the age of 16 should not use the AVERR AGLOW’s Website, or provide us with any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage, and if you have reasons to believe that a child under the age of 16 has provided personal information to us, please email us at firstname.lastname@example.org.
Device and usage data
We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain personal information, from your computer or mobile device as you navigate our Website or interact with emails we have sent to you.
As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.
This information is used to comply with data contracts, treaties, national laws, and regulations, analyze overall trends to help us provide and improve our Website and Services, and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into the services as part of the AVERR AGLOW’s security features.
When you visit our Website, our servers or an authorized third party may place a cookie on your browser, which can collect information, including personal information, about your online activities over time and across different sites. Cookies help us ensure our Website are not misused by bots and prevent account login information sharing.
We use both session-based and persistent cookies. Session cookies exist only during one session and disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer or device. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set by using the opt-out tool at www.optout.networkadvertising.org. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on AVERR AGLOW’s Website, you may not be able to take full advantage of the Website.
Below is a non-exhaustive list of cookies we use:
- _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc);
- _shopify_visit, no data held, Persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits;
- _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer;
- cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
- _secure_session_id, unique token, sessional;
- storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
Purposes for which we process personal information and the legal basis on which we rely
We collect and process your personal information for the purposes and on the legal basis identified below:
- Providing our products and services, and performing contracts: We use your personal information to enable us to operate and administer our Website, and to perform any contract with you to provide you with products you purchase and services you request according to any applicable terms of service;
- Managing user registrations: We will process your personal information by managing your user account for the purpose of performing the contract with you according to any applicable terms of service, and relevant national laws and regulations;
- Handling contact and user support requests: If you contact us by any available means, we will process your personal information to the extent it is necessary to fulfill your request and communicate with you;
- Developing and improving our Website, products and services: We will process your personal information to analyze trends and track your usage of our Website, and interactions with emails to the extent this is necessary for us to develop and improve our Website and to provide our users with more relevant content;
- Sending communications: We will process your personal information to send you the latest updates about us, including information about our service, to the extent you have provided your prior separate consent;
- Complying with legal obligations: We will process your personal information when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of data hosted on our site, our data, our Website, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with judicial proceedings, court order, or legal process, and/or to respond to lawful requests.
Where we need to collect and process personal information by law, or under a contract we have entered into with you and you fail to provide that required personal information when requested, we may not be able to perform the contract.
We may transfer personal information to non-affiliated service providers in providing the services, such as IT and system administration and hosting, research and analytics, marketing, account management, technical operations, credit card processing and email service providers to send out emails on our behalf, pursuant to agreements that prohibit the service providers from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. Our contracted service providers whose names, addresses and contact information are reproduced below.
Europe, the Middle East, South America, or Africa:
Shopify International Ltd.
Asia, Australia, or New Zealand:
Askwhai Product Recommendation Quiz
AskWhai Data Protection
Intent Global Inc.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your personal information is stored through Shopify’s data storage, databases and the general Shopify application. They store your personal information on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
We reserve the right to disclose your personal information as required by law, and as necessary to protect the property, interests and rights of AVERR AGLOW.
In individual cases, we may also share personal information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in countries in which we operate, who provide consultancy, banking, legal, insurance, and accounting services.
Any personal information or other information you choose to submit in communities, forums, blogs, or chat rooms on our Website may be read, collected, and/or used by others who visit these forums, depending on your account settings.
Retention of personal information
We will keep your personal information only as long as is reasonably necessary for the time consistent with the original purpose of collection or such longer period as may be required by applicable law. We determine the appropriate retention period for personal information on the basis of the amount, nature, and sensitivity of your personal information, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means.
Your access to and control over your personal information
You may exercise any of the rights described below by sending an email to email@example.com or by using the contact information indicated in this section. Please note that we may ask you to verify your identity before taking further action on your request. The verification methods we use may include requests to disclose your first name, last name, email address, location information, security question, account activity and other information. We will process your request within 30 days of receipt.
a) Managing your information
You may access and update some of your information by accessing your account with AVERR AGLOW or any of its affiliates, as applicable. You are responsible for keeping your personal information up-to-date. You can also ask us to correct inaccurate or incomplete personal information concerning you that you cannot update yourself within your account.
b) Access to your information
You have the right to request information about the personal information we hold on you at any time. You can contact us at firstname.lastname@example.org and we will provide you with your personal information via email. If you require additional copies, we may need to charge a reasonable fee.
If you are a Californian resident, once per calendar year, you may request that we provide a list of companies to which we disclose your personal information for business purposes, and a list of the categories of such personal information that we share. You may request further information about our compliance with this law by emailing email@example.com. Please include “California Privacy Rights Request” in the first line of the description and your California mailing or street address. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address nor requests made by non-California US residents.
c) Right to erasure
If you no longer want us to use your information to provide you with our latest news or any of our services, you can request that we erase your personal information and close your account(s).
Please note, however, that we may retain some of your personal information as necessary for our legitimate interests, such as fraud detection and enhancing security. We may also retain and use your personal information to the extent necessary to comply with our legal obligations, such as keeping information for tax, legal reporting and auditing obligations, as well as professional obligations. Information you have shared with others (e.g. comments, community postings) may continue to be publicly visible. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers. Residual copies may also be kept in our backup systems. If we have shared your personal information with service providers, we will let them know about the erasure where possible.
d) Right to object to direct marketing
If we rely on your consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. If you have already given your consent but you prefer not to receive promotional information from us, you may unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from us or email us at firstname.lastname@example.org.
e) Restriction of processing
You can ask us to block or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it and we have no legitimate grounds that override yours. Such request alone does not stop us from storing your personal information.
If you are a Californian resident, you have the right to opt-out of the sale of your personal information. Under the California Consumer Privacy Act (the “CCPA”), the “sale” of personal information broadly includes any communication of personal information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations. AVERR AGLOW does not sell personal information. However, if you would like to submit such a request, please send your request to email@example.com.
f) Right to portability
Whenever we process your personal information, by automated means based on your consent or based on an agreement, you have the right to get a copy of your personal information transferred to you or to another party. This only includes the personal information you have provided to us.
g) Automated decision-making
You have the right to elect not to be subject to a decision based solely on automated processing, including profiling ("Automated Decision-Making"). AVERR AGLOW’s Website does not currently use Automated Decision-Making.
h) Consent withdrawal
To the extent we base the collection, processing, and sharing of your personal information on your consent, you have the right to withdraw your consent at any time by contacting firstname.lastname@example.org, without affecting the lawfulness of the processing based on such consent before its withdrawal.
i) Right to non-discrimination
Pursuant to the CCPA, we will not discriminate against Californian residents for exercising any of their rights under the CCPA. Unless permitted by the CCPA, we will not deny you services, charge you different prices or rates for services, or imposing penalties, provide you a different level or quality of services, or suggest that you may receive a different price or rate for services or a different level or quality of services for your exercise of your CCPA rights.
j) Authorized agent
If you are a Californian resident, you may use an authorized agent to exercise certain privacy-related requests and rights on your behalf. The authorized agent’s exercise or request on your behalf sent by mail shall include a power of attorney or a notarized statement properly signed by you appointing such authorized agent for such purpose. If your authorized agent submits the exercise or request online, a copy of the power of attorney or the original notarized statement shall be sent to us by mail.
k) Questions or complaints
AVERR AGLOW LLC
2100 Boggs Road NW,
Duluth, GA, 30096, USA
If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.
Personal information security
We take reasonable precautions to ensure the protection of personal information, collected, used or disclosed by us using appropriate physical, organizational and technological measures. We use industry-standard encryption technologies to receive sensitive data submitted by you on our sites.
In case of a personal data breach that is likely to result in high risk to your rights and freedoms, we will notify you and the proper authority within 72 hours of becoming aware of the breach and without undue delay.
While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our Website, please contact us using the contact information in the “Questions or complaints” section above.