Terms and Conditions
Special offers, promotions and discounts, whether offered by Church & Dwight Co., Inc. or a third party, are valid until expiration date listed in offer. Special offers are subject to change without prior notice. Special offers shall be subject to these Terms & Conditions and relevant product Terms & Conditions. One discount per order unless otherwise stated in offer. For members of Church & Dwight Co., Inc. Viviscal Subscription Program, discounts apply only to first payment or installment; discount will not apply to subsequent automatic payments.
Church & Dwight Co., Inc. is proud of the quality of all of our products and we want to make sure you are completely satisfied. That's why we guarantee the quality of every Viviscal hair growth or hair care product that we sell. Your satisfaction is guaranteed for a full 90 days from purchase date. If for any reason you are not completely satisfied with the product you've purchased directly through tryviviscal.com or the Viviscal call center, please follow the instructions under “Shipping and Return Information” to return the unused portion for a full refund, less shipping and handling (S&H). Your continued use any Church & Dwight Co., Inc. products constitutes your agreement to these Terms & Conditions. THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Communications with Church & Dwight Co., Inc.:
We respect your privacy, and take great care to safeguard information in our possession.
Please be aware that telephone calls to or from Church & Dwight Co., Inc. are monitored and recorded for quality control purposes. By conducting telephone communications with Church & Dwight Co., Inc., you acknowledge and agree to this monitoring and recording.
To better serve you, please ensure that any contact information provided to Church & Dwight Co., Inc., including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number are true and accurate. Please also ensure that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Church & Dwight Co., Inc.. Please note that by voluntarily providing your telephone numbers to Church & Dwight Co., Inc., you expressly agree to be contacted at the telephone numbers you provide.
By voluntarily providing your contact information, including, but not limited to, your telephone number, email address and mailing address, you expressly agree to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Church & Dwight Co., Inc. relating to this Agreement, any purchase or transaction with Church & Dwight Co., Inc., matters related to your account (including debt collection), and promotions regarding Church & Dwight Co., Inc. products. These communications may be made by or on behalf of Church & Dwight Co., Inc., even if your phone number is registered on any state or federal Do Not Call list. You may incur a charge for these calls by your telephone carrier. Please note that Church & Dwight Co., Inc. will not be responsible for any charges incurred.
Church & Dwight Co., Inc. may collect and may contact you at any e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. To ensure timely delivery of all necessary communications, please notify Church & Dwight Co., Inc. within 30 days of any change to your contact information by emailing firstname.lastname@example.org. Your consent to this communications provision is not required to make any purchase with Church & Dwight Co., Inc..
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Church & Dwight Co., Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, Church & Dwight Co., Inc. will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Church & Dwight Co., Inc. in writing and provided a copy of the arbitration proceedings. However, if Church & Dwight Co., Inc. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Church & Dwight Co., Inc., including the $125 filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Church & Dwight Co., Inc. and may not preside over any kind of representative or class proceeding against Church & Dwight Co., Inc.. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Church & Dwight Co., Inc. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
Viviscal Subscription Program Members:
30-Day 3 Payment Option
If you have joined the Viviscal Subscription Program and selected the 30-Day billing, your payments will be $39.99/$44.99 (depending on the products purchased) billed every 30 days to your credit card (shipping and handling is free) for a total price of $119.97/$134.97. Every 90 days after joining the Viviscal Subscription Program, you’ll receive a new 90-day supply of Viviscal dietary supplements, and the 3-payment 30-day cycle will repeat. You may customize or discontinue future shipments at any time simply by calling the toll-free customer service line at 1-888-444-9073.
90-Day Billing 1 Payment Option
If you have joined the Viviscal Subscription Program and selected the 90-Day Billing option, you will receive a new 90-day supply of Viviscal dietary supplements billed to your credit card every 90 days for the reduced price of $119.97/$134.97 (depending on the products purchased). Rush shipping is always free. Every 90 days after joining the club, you will receive a 90-day supply of Viviscal and you will be billed $119.97/$134.97. You may customize or discontinue future shipments at any time simply by calling the toll-free customer service line at 1-888-444-9073.
Sales tax will be calculated based on total kit price and processed upfront on the first order.