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Terms & Conditions

LAST UPDATED: 12/30/2025

These Terms and Conditions apply to the following websites owned and operated by PERIO, Inc, including   https://barbasol.com/, https://pure-silk.com/, https://perio-inc.com/, and all other sites, services, and tools where these Terms and Conditions appear or are linked (collectively, the "Sites"). As used in these Terms and Conditions, “PERIO,” “PERIO, INC.” “us”, or “we” refers to PERIO, Inc. and its subsidiaries and affiliates.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

By visiting the Sites, you (“You” or the “Customer”) agree to be bound by and accept these Terms and Conditions.

Changes to the Terms and Conditions. These Terms and Conditions are subject to change without prior written notice at any time, in PERIO’s sole discretion. All changes are effective immediately when we post them, as indicated at the top of this page, and apply to all access to and use of the Sites, thereafter. Your continued use of the Sites following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you use the Sites so you are aware of any changes, as they are binding on you.

If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

These Sites are offered and available to individuals who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18 you must use the Sites only with the permission and under the supervision of a parent or guardian.

Other Documents. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PERIO.

THE USE OF THESE SITES IS GOVERNED BY THESE TERMS AND CONDITIONS

BY ACCESSING OR OTHERWISE USING THE SITES, OR OTHERWISE INTERACTING WITH PERIO, YOU AGREE TO THESE TERMS AND CONDITIONS. Any person or entity who interacts with the Sites using crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Sites. If at any time you do not accept all of these Terms and Conditions, you must immediately stop using the Sites. Certain areas within the Sites may be governed by additional terms ("Additional Terms"). By using those areas of the Sites, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions, and any reference to these Terms and Conditions includes the Additional Terms.

ACCESSING THE SITES

We reserve the right to withdraw or amend these Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of one or more of these Sites to users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Sites.
  • Ensuring that all persons who access the Sites through your internet connection are aware of these Terms and Conditions and comply with them.

RELIANCE ON INFORMATION POSTED

These Sites may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PERIO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PERIO. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES

You may be required to provide certain personal information to access certain services or areas of the Sites. It is a condition of your use of the Sites that all information you provide on the Sites is correct, current, and complete. You agree that all information you provide to these Sites is governed by and subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

In addition to all other rights available to PERIO including those set forth in these Terms and Conditions, PERIO reserves the right, in its sole discretion, to refuse service to you.

APPEARANCE

PERIO strives to display as accurately as possible the appearance of the products shown on the Sites; however, PERIO cannot and does not guarantee that your device’s or monitor's display of any product attribute will be accurate.

DISCLAIMERS OF WARRANTIES

You understand that PERIO cannot and does not represent or warrant that the Sites or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), free of viruses or other destructive code, or otherwise meet your requirements. PERIO disclaims all responsibility to notify you of any discovered or suspected website or other intrusion or expropriation. Notification, if any, will be in PERIO’s sole and absolute discretion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data. THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY PERIO ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PERIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM PERIO ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. PERIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMITTED BY LAW, PERIO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

PERIO DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITES IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITES AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC ALLERGEN CONCERN OR QUESTION ABOUT A PRODUCT.

On the Sites, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITES, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.

ONLINE CONTENT, LIMITED ACCESS, AND INTELLECTUAL PROPERTY RIGHTS

All content included on the Sites, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of PERIO or its suppliers or licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual or proprietary rights. The collection, arrangement, and assembly of all Content on the Sites are the exclusive property of PERIO and protected by the U.S. and international copyright laws. PERIO and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

PERIO grants you a limited license to access and make personal use of the Sites and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms and Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms and Conditions. You may download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms and Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Sites or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms and Conditions.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms and Conditions, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by PERIO. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

TRADEMARKS

The PERIO and Barbasol names, the terms “Barbasol,” “Barbasol 1919,” “Barbasol Shave Club,” “Barbasol Ultra 6 Plus,” “Barbasol Ultra 3 Premium,” Barbasol Close Shave® Formula,” the Barbasol logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PERIO or its subsidiaries, affiliates, or licensors. You must not use such marks without the prior written permission of PERIO. All other names, logos, product and service names, designs, and slogans on these Sites are the trademarks of their respective owners.

UNLAWFUL/PROHIBITED USES

The Sites may only be used for lawful purposes in accordance with the terms of the license granted in these Terms and Conditions. As a condition of your use of these Sites, you warrant to PERIO that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
  • use the Sites for the purpose of exploiting, harming, or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards for User Content set out in these Terms and Conditions;
  • transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • make any commercial use of the Sites or their Content, including making any collection or use of any product listings, descriptions, prices, or images;
  • download, copy, or transmit any Content for the benefit of any other merchant;
  • use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites other than the search engine and search agents provided by PERIO or generally publicly available browsers;
  • frame, mirror, or use framing techniques on any part of one or more of the Sites without PERIO’s express prior written consent;
  • make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms and Conditions;
  • use any meta tags or any other hidden text utilizing PERIO's name or marks;
  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites, or express or imply that we endorse any statement you make;
  • conduct fraudulent activities on the Sites;
  • violate or attempt to violate the security of the Sites, including, without limitation: (i) accessing data not intended for you or logging onto a server; (ii) trying to change the behavior of the Sites; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Sites, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Sites (impersonating the PERIO Site) or to the Sites (impersonating another user);
  • send unsolicited or unauthorized emails on behalf of PERIO, including promotions and/or advertising of products or services;
  • tamper with the Sites or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Sites or any activity being conducted on the Sites;
  • use the Sites to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
  • harvest or collect personally identifiable information about other users of the Sites;
  • restrict or inhibit any other person from using the Sites (including, without limitation, by hacking or defacing any portion of one or more of the Sites);
  • use the Sites to advertise or offer to sell or buy any goods or services without PERIO's express prior written consent;
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Sites;
  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites; or
  • remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites.

CHANGES, MONITORING AND ENFORCEMENT, AND TERMINATION

PERIO may at any time, without notice: (i) modify or discontinue any part of one or all of the Sites; (ii) charge, modify, or waive fees required to use the Sites; or (iii) offer, modify, or discontinue opportunities to some or all users of the Sites.

PERIO reserves the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms and Conditions, including our content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for PERIO.
  • Disclose your identity or other information about you to a third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

However, we cannot and do not undertake to review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

PERIO further reserves the right, without notice and in its sole discretion, to terminate your use of the Sites and to block or prevent future access to and use of the Sites (i) if you violate any of these Terms and Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Sites will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Sites. Upon termination, all provisions of these Terms and Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Without limiting the foregoing, PERIO has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PERIO AND ITS SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LINKS TO THIRD PARTIES' WEBSITES

The Sites may contain links and interactive functionality interacting with the websites of third parties, including, without limitation, social sites and product manufacturers' sites. PERIO is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Sites to communicate with any such website or otherwise visiting any such website, PERIO strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Sites do not constitute an endorsement by PERIO of such third-party sites. Other sites may link to the Sites with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

USER SUBMISSIONS

PERIO welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Sites ("User Content"), as long as the User Content submitted by you complies with these Terms and Conditions and any guidelines that PERIO may put into place, which are incorporated into these Terms and Conditions in their entirety.

You agree that any User Content:

  • Will be accurate.
  • Will not violate or facilitate the violation of any law or regulation.
  • Will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights.
  • Will not cause injury to any person or entity.
  • Will not impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Will not give the impression that it emanates from or is endorsed by us or any other person or entity if that is not the case.
  • Will not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising.
  • Will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam," or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.

You are solely responsible for the User Content you submit, and PERIO assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to PERIO a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. In addition, you grant PERIO the right to include the name provided along with the User Content submitted by you; provided, however, PERIO shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Sites. Please note that visitors of the Sites may post content that is inaccurate, misleading, or deceptive. PERIO neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. PERIO will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of PERIO.

DMCA NOTICE–COPYRIGHT INFRINGEMENT

PERIO's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Sites can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide PERIO's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PERIO that your copyrighted material has been infringed. PERIO does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, PERIO will respond by either taking down the allegedly infringing content or blocking access to it. PERIO may contact the notice provider to request additional information. Under the DMCA, PERIO is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send PERIO a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications of the Sites. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
  • Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Sites. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  • Provide information sufficient to permit us to contact the copyright owner directly, including name, street address, telephone number, and email (if available);
  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  • Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
  • Be signed; and
  • Be sent to our DMCA designated agent at the following address:

DMCA Designated AgentPERIO, Inc.6156 Wilcox Road

Dublin, OH 43016

833-806-2459

ask@barbasol.com

GOVERNING LAW AND VENUE

The Sites are controlled and operated by PERIO from the United States and is not intended to subject PERIO to the laws or jurisdiction of any state, country or territory other than that of the United States. PERIO does not represent or warrant that the Sites or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Sites, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Sites’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

All matters relating to the Sites and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Subject to the Dispute Resolution Section below, any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue of such courts.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PERIO, OR PERIO’S PARENTS OR SUBSIDIARIES, OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR ATTORNEYS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCT ASSOCIATED WITH THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF PERIO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PERIO. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PERIO. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITES, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

If the foregoing limitation of liability is held to be unenforceable, PERIO’s maximum liability to you shall not exceed the amount paid by you for services provided through the Sites. Some jurisdictions do not allow the limitation of exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Sites does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any such rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PERIO, its subsidiaries and affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Sites, including, but not limited to, your User Content, and use of the Sites’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Sites.

NOTICES

Except as explicitly stated otherwise, any notices you send to PERIO shall be sent by mail to PERIO, Inc., 6156 Wilcox Road, Dublin, OH 43016. In the case of notices PERIO sends to you, you consent to receive notices and other communications by PERIO posting notices on the Sites or sending you an email at the email address you have provided to PERIO. You agree that all agreements, notices, disclosures, and other communications that PERIO provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given 24 hours after the notice is posted on the Sites or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient. You agree that a printed version of these Terms and Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PROMOTIONS

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Sites may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

FILTERING

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections or similar services is available on the following websites:(i) GetNetWise; (ii) OnGuard Online; (iii) ParentsWare. Please note that we do not endorse any of the products or services listed at such websites.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please send an email to ask@barbasol.com. You may also contact us by writing to PERIO, Inc., Attn: Legal Department, 6156 Wilcox Road, Dublin, OH 43016. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PERIO ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PERIO.

a. Scope of Dispute Resolution Section

As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the use of the Sites, to information shared by you or others over the Sites or through other websites, portals, or online services operated by PERIO, to PERIO’s collection or sharing of your information, or to these Terms and Conditions. This Section does not apply to any of the following types of claims: (i) claims by employees of PERIO entities related to the terms or conditions of their employment; (ii) claims by or on behalf of PERIO customers for alleged products liability, wrongful death, or similar personal physical injury or survivor claims related to the customer’s use of PERIO products; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)

You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and PERIO agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and PERIO agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial

By agreeing to these terms of use, both you and PERIO are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the Sites or these Terms and Conditions, you and Perio agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.

In addition, you and PERIO agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to PERIO shall be sent by certified mail or courier to PERIO, Inc., Attn: Legal Department, 6156 Wilcox Road, Dublin, OH 43016.

Your notice must include: (i) your name, street address, telephone number, and an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. PERIO will send notice to your last known street and email addresses on file, if any. Any PERIO notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and PERIO cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or PERIO may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

d. Limitation on Time to Bring Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

e. Arbitration Administration and Certain Procedures

You and PERIO agree that, if and as available, any arbitration will be administered by the American Arbitration Association (“AAA”), except as otherwise modified by these Terms.

https://www.adr.org/

If AAA is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that AAA should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on AAA being available or willing to conduct the arbitration.

You and PERIO also agree to the following relating to any arbitration proceeding:

  • You and PERIO waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
  • Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Ohio. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
  • The arbitrator will be either a retired judge or an attorney licensed to practice law in Ohio and will be selected by the parties from the AAA roster of arbitrators. If you and PERIO are unable to agree to an arbitrator within fourteen (14) days of AAA’s notice to the parties of its receipt of the arbitration demand, then AAA will appoint the arbitrator in accordance with the AAA Rules.
  • The arbitrator may award declaratory or injunctive relief only in favor of you or PERIO and only to the extent necessary to provide the relief warranted by your or PERIO’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or PERIO.
  • These Terms and Conditions affect interstate commerce, and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms and Conditions.
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
  • You have the right at your own expense to be represented by an attorney of your own choosing. PERIO, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, PERIO will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse PERIO for all costs and fees associated with the arbitration that PERIO paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms of Use and will remain valid and enforceable, except as prohibited by applicable law.

MISCELLANEOUS

These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and PERIO with respect to the Sites and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Sites. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. These Terms and Conditions shall not be strictly interpreted against the drafting party.

CONTACT US

If you have any concerns about PERIO or your use of the Sites, please contact us with a detailed description, and we will try to resolve it.