Terms & Conditions

Capillus.com User Agreement and Terms & Conditions of Use

Introduction

 

Welcome to Capillus.com. Capillus® (“www.capillus.com”) is a medical device manufacturer committed to providing you high-quality laser medical devices for pain relief and other related products, for the parent company Curallux, LLC. 

 

By using www.capillus.com (including www.curallux.com, www.curavi.com and related sites, services, and tools), you agree to these Terms and Conditions (“User Agreement” or “Agreement”) and to the related Privacy Policy for www.capillus.com and the websites of our subsidiaries and affiliates. Last updated on April 6th, 2021 for current users and future users. 

 

You should always speak with a healthcare professional if you have questions about your health or medical conditions. Curallux, LLC does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. Low-level laser devices are not intended to diagnose, cure, or prevent disease. Curallux, LLC makes no guarantee or warranty, express or implied, with respect to any products sold, including any warranty of merchantability or fitness for a particular purpose. 

 

Use of Site

By using this site, you represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site and to display the site on your Internet browser for the sole purpose of shopping for products sold on the site and not for any other commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Curallux, LLC, reserves the right to modify this User Agreement and the Privacy Policy at any time. You are responsible for checking the site from time to time to review any changes and you will be responsible to abide by any changes. 

 

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this site and its related sites any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.

 

Mobile Terms & Conditions

Capillus offers its customers mobile alerts regarding sale promotions, event information, product launches, product alerts, and cart reminders by SMS message (the “Service”) on 45161. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Capillus reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

A. Authorize Capillus to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call customer support 888-571-5334. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

E. Acknowledge that Capillus uses cookies to collect information around abandoned shopping carts. A cart is considered abandoned within one hour of inactivity/lack of purchase. Once the cart is considered abandoned, an SMS message will be sent as a reminder.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 45161, your message frequency may vary. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

E. Back-in-stock alerts

F. Price drop alerts

G. Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Capillus may add or remove any wireless carrier from the Service at any time without notice. Capillus and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Capillus, text the word STOP to 45161 any time or reply STOP to any of the text messages you have received from Capillus. After texting STOP to 45161, you will receive one additional message confirming your request has been processed.

Questions

You can text HELP for help at any time to 45161. This will provide you with a toll-free number to contact customer support for assistance. Contact us at Capillus 1715 NW 82 Avenue, Miami, FL 33126.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Payments for Products

You can pay for products over the Internet on our site. You can do so using a credit card or through PayPal, ShopPay, Google Pay, Amazon Pay or any other method which we choose to offer on the site from time to time.  

 

We also offer financing and monthly payments through Affirm.  

AFFIRM UNIVERSAL DISCLOSURE: Payment options through Affirm are subject to an eligibility check, may not be available in all states, and are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. California residents: Affirm Loan Services, LLC is licensed by the Department of Financial Protection and Innovation. Loans may be made or arranged pursuant to California Financing Law license 60DBO-111681.

 

Prohibited Conduct

While using Curallux, LLC’s sites, blogs, public forums, services and tools, you will not:

  • Post content or items in an inappropriate category or areas on our sites;
  • Post comments about competing sites;
  • Violate any laws, third-party rights, or our policies;
  • Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites or services;
  • Post information regarding competing products;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Capillus;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
  • Solicit information from other users;
  • Infringe the intellectual property of Curallux, LLC, or of any third party;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information off the sites or using it for purposes unrelated to Curallux, LLC);
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • Transfer a Curallux, LLC, account to another party without our consent;
  • Distribute viruses or any other technologies that may harm capillus.com, or the interests or property of capillus.com users;
  • Copy, modify, or distribute rights or content from the capillus.com sites, service or tools, or Curallux, LLC’s copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

 

Privacy

Your use of our sites is subject to our Privacy Policy. Please review the policy to learn more about what information we collect: www.capillus.com/capillus-website-privacy-policy. 

Privacy Notice for Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code

We take claims of intellectual property violations or copyright infringement related to content posted on our sites very seriously. If you have a good faith belief that someone on our site has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide Curallux, LLC’s designated agent with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.

2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g., trademark, trade secret, or patent).

3. Identification or description of where the material that you claim is infringing is located on the Capillus.com site, with enough detail that we may find it on Capillus’s website.

4. Your address, telephone number, and email address.

5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.

6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Curallux, LLC’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

Curallux DMCA Agent
Curallux, LLC

1715 NW 82 Ave  

Miami, FL 33126

 

Capillus.com has implemented a policy that provides for the limitation, suspension, or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Curallux, LLC, and/or others.

Abuse of www.capillus.com

Curallux LLC, and the capillus.com user community work together to keep our sites and services working properly and the user community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-capillus.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Curallux, LLC, sites or services. If you spot any posting or other user conduct that you feel is inappropriate or violates our terms and conditions, please notify us at info@capillus.com. 

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Curallux, LLC, its licensor, or its affiliates. The collection, arrangement, and assembly of all Content on this site (the "Compilation") belongs exclusively to Curallux, LLC, its licensor or its affiliates. All software used on this site (the "Software") is the property of Curallux, LLC, its licensor or its affiliates. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Capillus.com and other logos, slogans, trade names or trademarks that appear on the capillus.com site or on Curallux, LLC, branded products are registered trademarks, trademarks or service marks of Curallux, LLC, its licensor or its affiliates. The use of any of our trademarks or service marks, or confusingly similar imitations thereof, including but not limited to use on products or services, without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.  
 

Curallux, LLC, is not responsible for content on any referenced third-party site, such as physician resellers or other authorized resellers. That content is the property of the respective third party. 

Capillus Charges and Services

We may choose to temporarily change the fees for our goods and services for promotional events, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all prices and applicable taxes associated with products that you purchase in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) If we are forced to take any legal actions for failure to make payment in whole or in part, the prevailing party in the action will be entitled to attorney’s fees and costs incurred including but not limited to any demand letters, pre-litigation legal services, lawsuits, arbitrations, mediations, and appeals. 

Posted Content

When you post content to the sites in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. 

Price Match Guarantee

We offer the best price guaranteed. 

Find another reseller with a better price on Capillus Laser Therapy Caps? Not to worry, we’ll match the price for any identical Capillus models before or after purchase.*

 

Eligibility Terms & Conditions* 

  • Only new products from valid authorized local or online retailers will be considered.
  • Customers must provide proof of competing price (i.e., active link or scan of advertised offer).
  • Products must be identical in brand, size, model number, model year, and color to current Capillus models on our site.  
  • Price match cannot be made for reselling or commercial purposes.
  • Shipping will not be included.
  • Competitive price must be live.
  • Only the person who made the original purchase qualifies for Price Match Guarantee.
  • Price match request must be made within 30 days of purchase.
  • No combinations or substitutions.

Price Match Guarantee does not apply to: 

  • Purchases from auction sites
  • Discontinued, second-hand, or refurbished products
  • Out of stock items
  • Capillus does not price-match items related to Black Friday and Cyber Week. This includes Pre-Black Friday deals.

 

Submitting Your Claim 

Please contact our customer care team via chat on Capillus.com or by phone +1 (888) 571-5334 for any price match submissions or questions.

Satisfaction Guarantee

Capillus values your peace of mind and we want you to feel secure about your purchase. We know Capillus laser caps work. In fact, we are so confident in the effectiveness of our devices that all purchases of new Capillus laser therapy devices made on www.capillus.com have a 6-month Satisfaction Guarantee.

We guarantee your satisfaction or we will gladly accept returns of new laser devices purchased by customers on www.capillus.com within the first 6 months. Please note that only purchases made directly from Capillus.com are eligible for our Satisfaction Guarantee. This offer is not applicable to purchases made through physicians or other retailers. Please check with your physician or retailer for their return policy. Please note that satisfaction guarantee is only applicable to purchases of new Capillus devices and is not applicable to upgrades, reworked devices or financial relief programs.

Like any medical treatment for hair loss, it takes time to see the results. We want you to give our laser therapy a chance. If after using the device, you decide that you are not satisfied with your results, contact us to initiate a return within 6 months of purchase. The return may only be made by the customer on record verified with a proof of purchase. You will be responsible for return shipping costs, and a 25% service fee will be deducted from the purchase price. Policy updated on October 15, 2020. For purchases prior to October 15, 2020, please refer to your purchase documentation.

Shipping and Delivery Policy

Unless otherwise noted in the ordering pipeline, Capillus, LLC ships all items within four business days of receiving an order. You will receive notification of any delay or cancellation of your order. In the shopping cart, you will receive an Estimated Delivery Date. Please note that this is not a guaranteed delivery date for your order. Shipping rates and delivery depend on the selected shipping speed and weight/size of the items and are subject to carrier delays.
 
Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review carefully. Shipping fees are subject to change at any time at Curallux, LLC’s discretion and without prior notice.
 
Capillus offers free shipping on purchases over $49.99 within contiguous U.S. only.  

 

Curallux, LLC, is not being responsible for orders placed outside the U.S. Product availability is subject to each geographic market.   Subscriptions of products and liquid products such as the Cap+ Clinical Hair Therapy products are not available for shipping outside of the U.S.

Product Availability

Curallux reserves the right to make modifications to product offerings including accessories which may vary due to availability. Images displayed on marketing materials may vary from actual product shipped. All orders are subject to product availability.

Return Policy

All www.capillus.com sales are final. No refunds or exchanges with exception of the above Satisfaction Guarantee. If you wish to make a return as per above, contact Capillus at 1 (786) 888-6249 to obtain a Return Material Authorization (RMA). Capillus will not accept any shipments without an RMA. We recommend that you insure your shipment and register to receive tracking updates. Capillus will only accept fully functional, like-new laser devices for returns. Capillus will provide credit to your credit card or eligible refund via check. All Capillus sales are final and not eligible for returns with exception of sales for laser devices that fall under the Satisfaction Guarantee above. Once a Return Merchandise Authorization (RMA) has been issued, the device must be postmarked for return within 14 days. Failure to comply may result in Capillus refusing the delivery.

If you received any products in a damaged condition, hang on to your shipment and DO NOT discard any damaged boxes, packaging, or products. Report the damage to us and we will determine if you should return the product for a replacement. You may be asked to provide pictures of your damages to help in the processing of your claim.

Risk of Loss; Other Terms of Sale

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
 

NO RESALE. Buyer shall use the device delivered to buyer for the buyer’s user only, and shall not resell, transfer, exchange, or otherwise assign the device without first obtaining the prior written consent of Capillus, which consent may be granted or withheld by Capillus in its sole discretion.

Product Warranties

Capillus® products do not come with any warranties that are not expressly listed on the product. Curallux, LLC, will repair or replace any defective Capillus® laser therapy caps at no charge; however, Terms and Conditions apply.  

 

Capillus® laser caps come with a Limited Warranty as outlined below:

 

LIMITED WARRANTY

Please refer to limited warranty details below for your Capillus® laser cap model.

Capillus FOCAL MEDIAL Laser Cap Warranty Period: 1 Year

Capillus FOCAL CROWN Laser Cap Warranty Period: 1 Year

Capillus FOCAL TEMPLES Laser Cap Warranty Period: 1 Year

CapillusUltra™ Laser Cap Warranty Period: 1 Year

Capillus ONE Laser Cap Warranty Period: 1 Year

Capillus ONE S Laser Cap Warranty Period: 1 Year

CapillusPlus™ Laser Cap Warranty Period: 2 Years

Capillus PLUS S1™ Laser Cap Warranty Period: 2 Years

Capillus PRO™ Laser Cap Warranty Period: 3 Years

Capillus PRO S1™ Laser Cap Warranty Period: 3 Years

 

Battery Pack & AC Adapter Warranty Period: 1 Year

 

Capillus warrants the device against defects in materials or workmanship for a period indicated above from the date of purchase from a Capillus-authorized center. To activate your warranty, register your device within 30 days of purchase at www.capillus.com/activatewarranty. If a defect in material or workmanship exists, Capillus will repair or replace the necessary parts with new or reworked parts at no charge. Any replacement part will be covered under the original limited warranty.  

 

This Warranty is not transferable and does not cover damages caused by acts of God, misuse, negligence, accident, or modification of any part of the unit as determined by our service department. This Warranty does not cover damage due to improper operation or maintenance, connection to improper voltage supply, or attempted repair by anyone other than the company. Failure to use and maintain the device in accordance with the instructions in this manual will void the product warranty.

Product Information

THE CONTENT ON CAPILLUS.COM IS NOT INTENDED AS MEDICAL ADVICE OR FOR DIAGNOSIS. PRODUCT INFORMATION SHOULD NEVER BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. 

The Limitation of Liability

YOU WILL NOT HOLD CURALLUX, LLC, RESPONSIBLE FOR THIRD-PARTY CONTENT, MISCONDUCT, ACTIONS, OR INACTIONS. YOU ACKNOWLEDGE THAT WHILE WE VALUE AND SEEK TO SAFEGUARD OUR CUSTOMER’S INFORMATION, CURALLUX, LLC, IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES WHO STEAL THE INFORMATION WITHOUT AUTHORITY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITES OR SERVICES, AND OPERATION OF OUR SITES OR SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT TO THE EXTENT OTHERWISE STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES AND TOOLS. ALSO, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS PAID FOR THE PRODUCT OR PRODUCTS AT ISSUE IN THE CLAIM (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS AND (B) $100.

Robot, Spider, Scraper Usage Prohibited

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Curallux, LLC, by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express hand-written permission. Additionally, you agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Curallux, LLC, and the appropriate third party, as applicable.
  • Interfere or attempt to interfere with the proper working of the sites or services, or any activities conducted on or with the sites or services; or
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

User Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the capillus.com Privacy Policy, which is incorporated www.capillus.com/capillus-website-privacy-policy. We view protection of users’ privacy as a very important principle. If you provide your email address on capillus.com, curavi.com, or curallux.com, you agree to receive all our email lists, for other Curallux products, offers, and notifications.  

Cookies Policy

Capillus uses cookies and similar technologies on our website, www.capillus.com and mobile applications. Cookies are text files containing small amounts of information, which your computer or mobile device downloads when you visit a website. When you return to websites – or visit websites that use the same cookies – they recognize these cookies and your browsing device.

 

Cookies help us to know a little bit about you and how you use our website, which improves the browsing experience and marketing–for you and for others. They are stored locally on your computer or mobile device.  

 

We use cookies to:

  • Ensure your security and privacy when in our secure sites
  • Store login details for our secure sites
  • Temporarily store input information in our calculators, tools, illustrations and demonstrations
  • Provide you with ads that are more relevant to you and your interests, and improve our targeting and enhance your journey through our sites and partner sites
  • Improve our understanding of how you navigate through our sites so we can identify improvements
  • Evaluate our sites' advertising and promotional effectiveness (we own the anonymous data collected and don't share it with anyone); and
  • We use both our own (first-party) and partner companies' (third-party) cookies to support these activities

 

Cookies in emails

In addition to the cookies we use on this website, we also use cookies and similar technologies in some emails and push notifications. These help us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies may be set on your computer or mobile device. Cookies will also be set if you click on any link within the email.  

Indemnity

You will indemnify and hold us (and our officers, directors, agents, contractors, subsidiaries, licensors, service providers, joint ventures, interns and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

Notice

Except as explicitly stated otherwise, legal notices shall be served on Curallux, LLC’s registered agent (in the case of capillus.com) or to the email address you provide to Curallux, LLC, during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.  

FAQs

For your convenience, we provide a Frequently Asked Questions explanation that can be found through our website. While we provide the FAQs for informational purposes to the extent that there is any disagreement between the FAQ and these Terms and Conditions or the Privacy Policy, the Terms and Conditions and Privacy Policy will control. 

Legal Disputes

If a dispute arises between you and Curallux, LLC, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Curallux, LLC, agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this section or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through mediation.

 

  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions.
  • Arbitration Claims Under $5,000 - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief the dispute will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes before a single arbitrator panel. The AAA's rules are available at www.adr.org. The AAA and the parties must comply with the following requirements: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall not exceed $10,000.
  • Arbitration Claims for $5,000 or More - Any dispute or claim for $5,000 or more will be resolved by binding arbitration. If you are a U.S. resident the arbitration will be resolved pursuant to the commercial rules of the AAA before a single arbitrator panel. If you are not a U.S. resident the arbitration will be resolved pursuant to the International Dispute Resolution Procedures of the AAA. The arbitration will be conducted in Miami-Dade County Florida, U.S. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will be authorized to award attorney’s fees and costs to the prevailing party.
  • The Federal Arbitration Act and federal arbitration law apply to this agreement.
  • Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  • Notwithstanding the foregoing, for any claims involving infringement of a trademark, copyright, patent or of a trade secret, suit may be brought for the infringement claim and all concurrent claims before a United States court of competent jurisdiction.
  • To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us and to the American Arbitration Association, 100 SE 2nd St Ste. 2300, Miami, FL 33131.
  • Notwithstanding the foregoing, a party may seek preliminary injunctive relief in a court of competent jurisdiction for any claims involving intellectual property.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. 

How to Contact Us

You can contact us in writing at the following address:
 
Curallux, LLC

1715 NW 82 Ave  

Miami, FL 33126

 
By e-mail to our Capillus Customer Satisfaction Team at:
info@capillus.com 

 
By phone to our Capillus Customer Satisfaction Team at:
1-888-571-5334