Terms & Conditions
Welcome to the SCRUTINY website (www.getscrutinized.com). This section regards the terms and conditions by which all activity, transactions, content, product information, product usage, and all other aspects of SCRUTINY, getscrutinized.com, and its parent company, XERIDIAN. SCRUTINY provides the content and services available on this website (collectively referred to hereafter as either “getscrutinized.com” or simply as "Site") to you subject to the following terms and conditions ("Terms & Conditions"). By accessing or using this Site you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms & Conditions. These Terms & Conditions may be changed at any time without notice and therefore you should constantly update yourself to them during your current and subsequent visit(s) to the Site.
Article One: Accuracy Of Information
We attempt to be as accurate as possible when describing our products on the Site, however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, graphics, pictures, labels, or other content available on the Site are accurate, complete, reliable, current, or error-free.
Article Two: Intellectual Property
All content available on the Site, including but not limited to text, product names, product descriptions, graphics, logos, banners, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content" of the Site) is the property of SCRUTINY and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of SCRUTINY, getscrutinized.com, and/or XERIDIAN in the United States and other countries, and are protected by United States and international trademark laws.
Unless otherwise agreed upon in writing and verified signature of a SCRUTINY and/or XERIDIAN authority, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part for any purpose.
Article Three: Limited Licenses & Site Usage
SCRUTINY grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: 1. frame or utilize framing techniques to enclose the Site or any portion thereof; 2. modify or download the Site or Content (except caching or as necessary to view the Site); 3. make any use of the Site or Content other than personal use; 4. create any derivative work based upon either the Site or Content; 5. collect account information or other information for the benefit of yourself or another party; 6. use any meta tags or any other "hidden text" utilizing our name, Content, or Trademarks or to otherwise use the Content/Trademarks; or 6. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Site infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site 1. may link to, but not replicate, our Content; 2. may not imply that we are endorsing such website, its services, or its products; 3. may not misrepresent its relationship with us; 4. may not contain content that could be construed as illegal, distasteful, obscene, offensive, pornographic, or controversial, and may contain only content that is lawful and appropriate for all ages; 5. may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, pictures, graphics, pornography, services, or opinions; 6. may not use any Trademark; and 7. may not link to any page of the Site other than the homepage of getscrutinized.com. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms & Conditions.
Article Four: Your Obligations And Responsibilities
Article Five: Your Account
You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms & Conditions or if we decide, in our sole discretion, that it would be in the best interests of SCRUTINY and/or XERIDIAN to do so.
Article Six: Collection Of Personally Identifiable Information By This Site
We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to complete a user registration form or online survey, you may be asked to provide certain information such as, but not limited to, your contact information (name, email address, mailing address, telephone number, etc.), age group, gender, product/cosmetic/skincare concerns, and the brands/products you use. If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the Site must also enter a user name/email address and password.
Article Seven: Use Of Personally Identifiable Information By This Site
A. Opt-In Communications
If you opt-in during the Site registration process or at other times when you submit personally identifiable information, the information you provide may be used by this Site to create and deliver to you our newsletters, surveys, or other communications containing product information, skincare tips, promotions, or general skincare/health information (collectively these will be referred to as "Opt-In Communications"). If you prefer not to receive such Opt-In Communications, please do not opt-in to receive these communications. If you do opt-in and later decide that you would no longer like to receive these communications you are governed by the articles of these Terms & Conditions in opting out of such communications.
B. Opting Out Of Communications
You may opt-out of receiving future Opt-In Communications from this SCRUTINY when you register at the Site or otherwise provide your contact information to us. If you are a registered user you may change your preferences at any time by logging in and revisiting your profile. Clicking the "unsubscribe" link at the bottom of any email Opt-In Communication you receive from us and following the instructions provided therein will deactivate you from receiving all or specific mailings.
C. Communications to Serve You
If you have elected to provide us with your contact information (by registering at the Site, emailing us with customer service related issues, placing an order, etc.), we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests, your order, etc.
D. No Disclosure of Personally Identifiable Information for Third Party Marketing
We do not provide your personally identifiable information to third parties for their use in marketing their products or services to you.
Article Eight: Disclosure Of Personally Identifiable Information
A. Fraud Protection and Compliance with Law
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
B. Service Providers
We may retain other companies and individuals to perform functions consistent with our Terms & Conditions on our behalf. Examples include customer support specialists, web hosting companies, fulfillment companies (i.e. companies that fill product orders or coordinate mailings), data analysis firms, and/or email service providers. Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose.
C. Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to the Site, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.
D. Business Transfers
As we continue to develop our business, we might sell certain portions of our assets. In such transactions, user information, including personally identifiable information, generally is one of the transferred business assets, and by submitting your personal information on the Site you agree that your data may be transferred to such parties in these circumstances.
Article Nine: Passive Information Collection
A. Cookies and IP Addresses
B. Pixel Tags and Tracking Technology
When you visit this Site or view one of our emails, we may use pixel tags (also called "clear" gifs), tracking links and/or similar technology to note some of the pages you visit on our Site and personalize your experience. We may also use pixel tags to determine what types of email your browser supports. We may use the information collected through pixel tags, tracking links, and similar technology in combination with your personally identifiable information.
Article Ten: Use Of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store, or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with or to our affiliates, licensees, and partners.
Article Eleven: Children Under 13
We take special steps to safeguard the privacy of children. If you are under 13 years of age, you may browse our Site, but only with parental or guardian consent. However, you may not provide personal information to us. For example, you cannot register or make a purchase. Parents and/or a child’s guardian(s) are responsible for internet usage and content viewed by minors, particularly those under the age of 13. This Site is not designed for children and we do not knowingly collect personally identifiable information from any children under 13.
Article Twelve: Links
The Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. These Terms & Conditions apply only to the information we collect on the Site. We encourage you to read the terms & conditions sections of other websites you link to from the Site or otherwise visit.
Article Thirteen: Security
We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline and all information that is part of a transaction (such as payment/credit card information) is protected by a secure server during the transaction. While you are ultimately responsible for who you provide your billing information to and how it is used, we take several precautions (such as encryption of transmittable data and requirement of a CVC code when credit cards are used) to help ensure that your billing information remains secure during every transaction.
Article Fourteen: Notification Of Changes
We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Article Fifteen: Updating Your Information
If you are a registered user, you have the ability to review, change, deactivate, and/or correct the personally identifiable information you provide us you may log in to your account to do so. For non-registered users you may email us to make us aware of any change in your information regarding your order.
Article Sixteen: Third Party Links
We are not responsible for the content of any off-website (off-Site) pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by SCRUTINY or XERIDIAN, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Article Seventeen: Submissions
Solicited and unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively this shall be referred to as "Submissions" hereafter) will be treated as non-proprietary and non-confidential. Subject to the terms of these Terms & Conditions, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
Article Eighteen: Representations, Warranties, And Limitation Of Liability
This Site is presented "as is." We make no representation or warranties of any kind whatsoever, express or implied, in connection with these Terms & Conditions of the Site, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, SCRUTINY and/or XERIDIAN will not be responsible or liable (whether in contract, tort, or otherwise), under any circumstances, for any 1. interruption of business; 2. access delays or access interruptions to the Site, 3. data non-delivery, mis-delivery, corruption, destruction, or other modification; 4. loss or damages of any sort incurred as a result of dealings with or the presence of off-website links to the site; 5. computer viruses, system failures, or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; 6. any inaccuracies or omissions in content; 7. or events beyond our reasonable control.
Furthermore, to the fullest extent permitted by law, we will not be liable for any direct, indirect, special incidental, or consequential damages of any kind (including lost profits) related to the Site regardless of the form of action, whether in contract, tort, or otherwise (even if we have been advised of the possibility of such damages). In no event shall our maximum aggregate liability for anything ever exceed one hundred dollars USD ($100.00).
Article Nineteen: Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Article Twenty: Disputes
With respect to any dispute regarding the Site, SCRUTINY, and/or XERIDIAN, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of the United States and the state of Florida, as if the Terms & Conditions were a contract wholly entered into and wholly performed within Florida. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Article Twenty-One: Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us unless otherwise agreed upon in writing accompanied by the signature of the appropriate SCRUTINY and/or XERIDIAN authority. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of these Terms & Conditions.
A. Order Processing
Most orders are processed within 1 or 2 business days of receipt (processing time does not include weekend days or major holidays). Orders placed on Saturday, Sunday, or after noon (Pacific Standard Time) on Friday will typically be processed on the following Monday. Orders are typically processed and shipped only on business days (Monday through Friday, excluding major holidays). Please review the shipping policies of these Terms & Conditions for more information.
B. Order Cancellations
Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are: 1. item(s) not available; 2. difficulty in processing payment information; 3. cannot ship to address provided; 4. duplicate order was placed; and/or 5. the order was cancelled within 24 hours of being placed due to a customer request. If an order is cancelled, the customer will receive an email notice to explain the reason for the cancellation. The customer will not be billed for any cancelled items.
C. Correcting Shipping Errors
While the vast majority of orders are filled and shipped correctly, once in a rare while it is possible that an individual could receive an order that has the wrong item(s) or number of items in it compared to what the customer originally ordered. In a case like this, please contact SCRUTINY immediately and alert us of the problem. If the order was filled out incorrectly due to an error on our part by including the wrong item(s) in the package, we will then send the customer a product return mailing label to place on the package (at no cost to the customer) and the customer may ship the package with these incorrect item(s) back to us. When we receive this return we will then ship the customer the product(s) to complete the original order. The customer also has the option to return the incorrectly shipped item(s) to SCRUTINY and receive a refund only for the incorrectly shipped items and in some instances also the shipping. In such a case the refund will be placed only after we receive the item(s), have thoroughly inspected them, and determined in SCRUTINY’s sole discretion that a refund or partial refund is warranted. Please contact SCRUTINY for the return shipping address.
All sales through the Site are final except in the case of shipping errors or the canceling of an order within 24 hours of being placed (see sections B and C of this Article for more details). However, SCRUTINY purchases from other authorized retail establishments (e.g. from physicians, spas, etc. that retail the SCRUTINY line) are often eligible for return if 1. the retail establishment’s own policies allow for returns, 2. the merchandise is returned to the original retail establishment it was purchased from within 30 days, 3. the product(s) has/have 2/3 of the remaining original formula inside, and 4. the merchandise is returned in its original complete packaging that is free of damage or defect. Additional conditions may apply depending on the return policy of individual retailers.
Orders placed on the Site that are destined to Florida addresses will have applicable sales taxes added to the order amount and to shipping charges where appropriate. Currently the rate is 6%.
Article Twenty-Two: Delivery Options
Site orders are shipped and delivered on business days (Monday through Friday, though in some special instances on Saturdays, excluding major holidays). Below are the shipping options available for your Site order:
A. Standard Shipping - Inside The United States
Standard Shipping is only available in the United States. Most orders shipped via Standard Shipping are processed and shipped in 1-2 business days, depending on product availability and the number of other orders being processed at that time. Most Standard Shipping orders are delivered within 3-5 business days from the order's ship date (though an order may arrive earlier or later depending on the delivery service's speed/efficiency and distance the order must travel). Our Standard Shipping carriers include, but are not limited to, FedEx, FedEx Ground, United Parcel Service (UPS), or United States Postal Service (USPS). All orders shipped to PO Boxes through Standard Shipping must be shipped through USPS and are typically delivered within 5-10 business days of the order's ship date (PO Box delivery sometimes takes longer than Standard Shipping to street addresses). Because of the extended amount of time involved in receiving your order(s) when shipped to PO Boxes, we suggest that you select to have your order shipped to a street address. Orders being shipped to Alaska, Hawaii, Military APO/FPO Addresses and the U.S. Territories (Puerto Rico, Guam, and U.S. Virgin Islands) are accepted only if they are shipped using this Standard Shipping option (i.e. priority shipping methods, such as Next-Day Shipping, are not available in these locations).
B. Next-Day Shipping - Inside The Continental United States
Next-Day orders are typically processed and shipped within one business day (or sometimes the same day if the order is placed early enough), though in rare instances it can take up to two business days to process and ship if product availability or other order volume issues arise (in which case we will contact you regarding this). Most orders shipped via Next-Day Shipping are delivered by the next business day from the order's ship date. Next-Day Shipping orders sometimes require a signature upon delivery. Our Next-Day Shipping carriers include, but are not limited to, FedEx, United Parcel Service (UPS), and United States Postal Service (USPS). Orders destined for Alaska, Hawaii, P.O. Boxes, U.S. Territories, APO/FPO locations and countries outside of the United States are not eligible for Next-Day Shipping.
C. International Shipping To Canada
Most orders shipped to Canada are typically processed and shipped in 1-2 business days, depending on product availability and the number of other orders being processed at that time. Most orders shipped to Canada are delivered within 4-7 business days from the order's ship date (though an order may arrive earlier or later depending on the delivery service's speed/efficiency, distance the order must travel, and any customs issues that may arise). Our shipping carriers to Canada include, but are not limited to, FedEx, United Parcel Service (UPS), and United States Postal Service (USPS). Orders destined to countries outside of the United States are not eligible for Next-Day Shipping and are not eligible for P.O. Box Delivery.
D. International Shipping - To All Other Countries Outside The United States Other Than Canada
Most orders shipped internationally to countries outside of the United States other than Canada are typically processed and shipped in 1-2 business days, depending on product availability and the number of other orders being processed at that time. Most orders shipped internationally to countries outside of the United States other than Canada are delivered within 5-15 business days from the order's ship date (though an order may arrive earlier or later depending on the delivery service's speed/efficiency, distance the order must travel, and any customs issues that may arise). Our shipping carriers to countries outside of the United States other than Canada include, but are not limited to, FedEx, United Parcel Service (UPS), and United States Postal Service (USPS). Orders destined to countries outside the United States are not eligible for Next-Day Shipping and are not eligible for P.O. Box Delivery.
Article Twenty-Three: Damaged Orders
If your product was damaged in shipment by our shipping carrier, save the box and the merchandise and email us immediately. We will arrange to have the shipping carrier pick up the damaged package and the item(s) will be replaced. We do not offer monetary refunds for damaged items.
Article Twenty-Four: Product Application & Use
Read the information and instructions provided on bottles, containers, labels, packaging, and inserts thoroughly before applying any SCRUTINY product. The information on this Site or on bottles, containers, labels, packaging, and inserts is not meant to substitute the advice of a medical professional. The statements made on this Site and on bottles, containers, labels, packaging, and inserts have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent disease nor are the product formulas themselves meant to diagnose, treat, cure, or prevent disease. In the very rare case that an irritation reaction, allergic reaction, or other type of adverse reaction occurs from product application then cleanse the product from the region applied with lukewarm water. If such reaction persists then discontinue use and consult your physician immediately. Never apply any SCRUTINY product to skin that has been cut, operated on, resurfaced, or otherwise compromised. Always consult with a medical professional before using any skin care product.
Article Twenty-Five: General
You acknowledge and agree that these Terms & Conditions constitute the complete and exclusive agreement between us concerning your use of the Site and SCRUTINY products, and supersede and govern all prior proposals, agreements, or other communications.
Please remember that we reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on the Site, so you must update yourself to these Terms & Conditions during subsequent visits to the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.