In consideration for receiving the opportunity to test (the “Test”) the Redefining Stretch Mark Cream product indicated below (the “Product”) produced by Stria Lab, a Gallagher Rush Ltd brand (“Stria Lab”), I agree to the terms located at https://www.strialab.com/pages/terms-of-use and to the terms of this Product Test, Waiver of Liability, Nondisclosure, and Hold Harmless Agreement (the “Agreement”).
I agree to perform the following as part of the Test:
• respond truthfully to two surveys requesting demographic and other personal and non-personal information;
• respond truthfully and in full to all Stria Lab surveys that may include questions around Product features such as comfort, utility, quality, and user experience and other Product-related questions;
• cooperate with Stria Lab's requests concerning the Product, including supplying imagery of the problem area; and
• keep the existence, details and results of the Test and Product confidential.
I understand and agree that the Test is not publicly known, are confidential and sensitive in nature and are considered Confidential Information. I understand and agree that I will not use any information about the Product, Test or any other Confidential Information provided to me by Stria Lab for any reason other than to complete the Test. I agree not to disclose any Confidential Information to anyone other than Stria Lab. I agree to not reverse engineer, disassemble or decompile any Products, prototypes, or other tangible objects which are provided to me. I understand and agree that “Confidential Information” means any information disclosed by Stria Lab to me, either directly or indirectly, in writing, orally or by inspection of tangible objects. I understand and agree that Confidential Information shall not include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by Stria Lab (ii) becomes publicly known and made generally available after disclosure by Stria Lab to me through no action or inaction on my part; (iii) is already in my possession at the time of disclosure by Stria Lab; (iv) is obtained by me from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by me without use of or reference to the Confidential Information provided by Stria Lab to me, as shown by documents and other competent evidence in my possession or (vi) is required by law to be disclosed by me, provided that I promptly give Stria Lab written notice of such requirement prior to any disclosure so that Stria Lab may seek a protective order or other appropriate relief.
I understand and agree that Stria Lab shall have the right to use, in any manner and for any purpose, any information, gained as a result of my Test of the Product. Such information shall include but not be limited to survey data, images, quotes, written or oral feedback, and related data. Stria Lab shall have the right to use, at its sole discretion, all such information for Stria Lab’s business purposes, including but not limited to using such information for Product improvements and data gathering. I further agree that any feedback, suggestions, ideas or other information provided to Stria Lab as part of the Test (“Feedback”) will become the exclusive property of Stria Lab and that I will not be compensated in any way for providing Feedback, and will not retain any rights to Feedback. I hereby assign any interest I may have in and to any such Feedback.
I, for myself, and on behalf of my family, estate, heirs, executors, trustees, personal representatives, successors and assigns, hereby release, waive, discharge and covenant not to sue Stria Lab, its members, officers, stockholders, agents and employees (hereinafter referred to as “Releasees”) from any and all liability, costs or expenses, claims, demands, actions and causes of action whatsoever for any loss, damage or injury, including death, that may be sustained by me, my spouse, child/children, or to any persons or property belonging to me or under my care, custody or control, arising out of or relating to my participation in the Test, or while in any way engaged with activities related to the Test, wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the negligence or fault of any of the Releasees.
I hereby elect to voluntarily participate in the Test. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Releasees, and assume full responsibility for my participation in the Test. I agree to use the utmost caution and care to avoid injury or damage to myself and others. I further agree that prior to participating in the Test, I will inspect the Product to be used, and if I believe anything is unsafe, I will immediately cease to participate in the Test and will inform Stria Lab.
I further agree to indemnify, save and hold harmless the Releasees and each of them, from any and all losses, liabilities, damages or costs they may incur due to my participation in the Test, whether caused by the negligence of any or all of the Releasees, or otherwise, and to reimburse the Released Parties for any costs and expenses, including, without limitation, legal fees, incurred in defending such actions.
It is my express intent that this Agreement shall bind me, all members of my family, my heirs, assigns and personal representative and shall be deemed as a release, waiver, discharge and covenant not to sue the Releasees.
I understand and agree that this Agreement, and all disputes arising out of or related hereto or in any way concerning the Test, shall be governed by and construed under the laws of England and Wales.
In signing this release, I acknowledge and represent that:
I am at least eighteen (18) years of age and fully competent to sign this Agreement.
No oral representation, statements or inducements, apart from the foregoing written Agreement, have been made; and
I HAVE READ THE FOREGOING AGREEMENT, UNDERSTAND IT, AND AGREE VOLUNTARILY OF MY OWN FREE WILL.