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SkinMedica Purchase Agreeement

Effective Date: These Terms of Use are officially effective April 19, 2010.

I. GENERAL

These Terms of Use, our Privacy Policy and our Sales Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this web site, apply to you when you view, access or otherwise use the web site located at www.skinmedica.com (the "Site"). The Site is owned by SkinMedica, Inc. ("SkinMedica") and is operated by SkinMedica on its own behalf and on behalf of its affiliates, including but not limited to SkinMedica Aesthetics, Inc. and SkinMedica Pharmaceuticals, Inc. For the purposes of these Terms of Use, the terms "we," "us," "our," and "SKINMEDICA," refer to SkinMedica, Inc and its affiliates. "You" refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

SkinMedica reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

The Site is intended for and directed to residents of the United States and all information, advertising and claims contained on the Site are valid in and applicable only to the United States.

II. PRIVACY POLICY AND Sales Policy

In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy and our Sales Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, and our Sales Policy contains additional terms regarding your purchase of Products through the Store. You agree that your have read, agreed to and understand SkinMedica's complete Privacy Policy and Sales Policy.

III. SALES POLICY

(a) Purchases

You may purchase products through our Store as a non-subscribing Site user or you may create an account with our Site in order to personalize your purchases.

If you have an account with our Site, you may also set up reoccurring orders of products, which will be automatically processed and shipped to you in accordance with a set delivery schedule for each product selected by you (e.g., every thirty days). You may edit any reoccurring order by adding or removing products at any time before the order is processed.

You may purchase products that you wish to buy from SkinMedica by adding such products to your shopping cart available through the Store. You may search for products, and review, add to or remove products from you shopping cart by using the navigational tools available in the Store section of the Site. Once you have finished browsing you may proceed to submit your order to check-out for purchase, or if you have a Site account, you may save the products in your shopping cart for purchase at a later time.

Placing a product in your shopping cart does not reserve the price shown at that time. It is possible that a product price may increase or decrease between the time you place it in your cart and the time you purchase it.

If you choose to set up reoccurring orders of products, the price for each product in your initial order will not be guaranteed for subsequent reoccurring orders of such products. The price of each product in subsequent reoccurring orders will be the price applicable at the time such order is processed, as reflected on our Site at the time the order is processed. If the price of a subsequent reoccurring order of product will vary from your most recent reoccurring order of such product, SkinMedica will send you an email ten days in advance of shipping such order to notify you of the change in price.

After you have submitted your order and shipping selections through the Store, along with your applicable billing and credit card information, you will receive an e-mail receipt from SkinMedica confirming your purchase. You may review and print receipts for orders that you have placed through the Store, including any reoccurring orders of products, at any time within one (1) year after your purchase by logging in to your Site account and navigating to the "Order History" section of your account.

Except as stated otherwise in this Sales Policy, price, specifications and terms of offer contained on the Site are subject to change without notice. All prices are listed in US Dollars. SkinMedica reserves the right to refuse service to anyone. Products purchased from SkinMedica may not be resold, redistributed or modified for resale at any time or in any manner without the prior written approval of SkinMedica.


(b) Payment Methods

  • Visa
  • MasterCard
  • American Express

(c) Payment Terms

An order placed through the Store, including any reoccurring orders placed in connection with our automatic delivery program, is not binding upon SkinMedica until it is accepted; SkinMedica must confirm pre-authorization of your credit card before it will accept an order. Payment for product(s) ordered is due upon shipment of your order. Customer can make payments by credit card, or any method listed under the Payment Methods of this Sales Policy. You will receive an e-mail from SkinMedica confirming acceptance of your order and processing of your payment following your submission of your order in accordance with this Sales Policy.

If you set up reoccurring orders of products, you will be asked to preauthorize SkinMedica to debit your account for such orders. You will be provided with an electronic copy of your preauthorization after confirming your enrollment in the automatic delivery program via email, unless you request a hard copy from SkinMedica by email at info@skinmedica.com You may also print a hard copy of your preauthorization within one year of placing your initial order by logging in to your Site account and navigating to the “Order History” section.

Each time reoccurring order is placed, SkinMedica will debit your account for the total price of such order, including shipping and handling costs and any applicable taxes. If you terminate your participation in the automatic delivery program, SkinMedica will not debit your account for any unprocessed reoccurring orders.

(d) Shipping Methods

  • UPS Ground - 1-5 business days depending on location + 1-2 business days to process the order.
  • UPS 2nd Day Air - 2 business days + 1-2 business days to process the order.
  • UPS Next Day Air - Delivery in 1 business day + 1-2 business days to process the order.
  • All orders require 1-2 business days processing time before shipping.
  • Your "bill to" and "ship to" address must both be within the fifty United States.

If you participate in our automatic delivery program, your reoccurring orders will be shipped according to the shipment method that you selected for the products in your initial order, unless you change your shipment preference by logging in to your Site account and navigating to the "Edit Account" section or contacting SkinMedica Customer Service at 866-577-3072 the day before a reoccurring order is processed.

(e) Processing and Shipping Guidelines

  • Most orders are processed within 1-2 business days (but SkinMedica does not warrant or guarantee that orders will be accepted and/or purchased within this timeframe), provided the items are in stock and payment is verified.
  • SkinMedica does not process orders during weekends or holidays.
  • SkinMedica does not guarantee same day shipping.
  • SkinMedica does not offer shipping options to addresses outside of the fifty United States at this time.
  • All orders are charged sales tax if applicable.

(f) Hazardous Materials

For shipping purposes, the following SkinMedica products (as such list may be updated by SkinMedica from time to time) are considered hazardous goods (for example, because they contain alcohol or other flammable or volatile substances):

  • SkinMedica's Acne Toner product (also contained in the Acne System Kit)

To comply with federal transportation regulations, SkinMedica ships all items forming part of an order which includes a hazardous good via Ground UPS Delivery Service.

(g) Gifts

SkinMedica offers complimentary customer appreciation gifts with the purchase of selected merchandise or through selected promotions. The gift item(s) will either be automatically shipped to you free of charge or, if shipping is payable for such gift, will be added to your shopping cart and listed on the order confirmation screen prior to your submission of your order, and you may remove such gift from your order at your discretion. Gift offers are valid only while supplies last.

(h) Promotional Offers

SkinMedica may present promotional offers to shoppers. Offers are valid only while supplies last.

If Customer wishes to return an item from a promotional offer, the customer must return all items that were part of that offer within 30 days of the original invoice date. Individual items within a promotional offer may only be returned for repair / replacement if a RMA number is acquired within the standard return period. Please see our SkinMedica.com Returns Policy set out below for further details.

(i) Promo Codes

SkinMedica will sometimes furnish an alphanumeric code that can be used for promotions on our Site (each a "Promo Code"). These promotional codes may be found in print and/or online advertisements, sent via email to SkinMedica Newsletter and/or Promotion subscribers, presented on the Site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, or free gifts. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where the code was acquired for the exact requirements. Please note that Promo Codes are not redeemable for cash and Customer must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off Customer's next purchase, Customer would need to spend more than $10.00 to redeem the discount.

(j) Sales Tax

Customer orders will be charged applicable sales tax according to his/her state's sales tax laws. The amount of tax charged depends upon many factors, including the type of item purchased, and the destination of the shipment.

(k) Cancel Orders

Customer may request that an order, including any reoccurring orders placed in connection with our automatic delivery program, be cancelled provided the order has not already been processed. If you have a Site account, you may cancel an order that is listed as "pending" in the "Order History" section of your account, but you may not cancel an order if the status is listed as "processing" or "shipped". Alternatively, you may go to the FAQ section of our Site and navigate to our online order cancellation form, or you may call our Customer Service Center during SkinMedica's hours of operation to request an order cancellation. Emails are not accepted for this request. Customer's credit card will not be charged if the order is cancelled prior to processing.

If you participate in our automatic delivery program, you may terminate your participation in the program at any time by logging in to your Site account and navigating to the "Your Account" section, clicking on 'Edit Auto Delivery Items' and clicking the delete button next to the products you wish to remove. You may also terminate your participation by calling SkinMedica Customer Service at 866-577-3072. Emails are not accepted for this request.

(l) Back-orders

SkinMedica strives to have all products in stock and available for sale at all times. It is not SkinMedica's policy to sell backordered merchandise. If an order is placed and SkinMedica becomes out of stock before the order is processed, an email will be sent to the email address associated with your order to alert you that the order is unable to be processed and will be canceled.

(m) Order status

SkinMedica will keep Customer informed of his/her order status via e-mail. All shipment tracking information will be emailed to Customer's email address associated with his or her order once such order has shipped. Customer may also acquire their order status and other updates by logging in to his/her account on SkinMedica's website.

(n) Shipping Charges

Total cost for purchase of any product will include shipping and handling charges shown on the SkinMedica invoice.

(o) Title; Risk of Loss

SkinMedica will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. SkinMedica reserves a purchase money security interest in the product(s) until it has receipt of the full amount due. Customer agrees to allow SkinMedica to sign appropriate documents on Customer's behalf to permit SkinMedica to protect its purchase money security interest. SkinMedica will advise Customer of estimated shipping dates, but SkinMedica will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

(p) Return Policy

We value you as a member of the SkinMedica family and strive to meet your expectations with the products and service we provide. If you are dissatisfied with your purchase for any reason, please feel free to return the product for a full refund within 30 days of the order date as stated on the packing slip. To ensure a timely refund, please return the item(s) immediately by simply following the steps below.

  1. Contact SkinMedica Customer Service at 866-577-3072 within 30 days of your original invoice date to obtain a Return Merchandise Authorization (RMA) number. A return will not be accepted without a RMA number.
  2. Please fill out the Return Form found at SkinMedica.com or emailed to you by SkinMedica Customer Service. The Return Form must be filled out completely, including the RMA number.
  3. Within 7 days of obtaining the RMA Number please return the following to the address below:
    • Unused portion of the product along with all original packaging
    • Return Form noted above
    • Copy of the packing slip that was included in your original order (please retain a copy of the original packing slip for your records)

    SkinMedica Returns
    RMA Number ____
    5909 Sea Lion Place
    Suite C
    Carlsbad, Ca 92010
  4. For your protection and to ensure prompt delivery, we recommend that you ship via UPS or registered mail. SkinMedica is not liable for packages lost during shipping.
  5. SkinMedica will process your refund via the original purchase method within 7-10 business days upon receipt of the returned item(s).

Shipping and handling fees are not refundable.

Please note: We only accept the return of products originally purchased on SkinMedica.com or through a SkinMedica Customer Service Representative. If you would like to return a product purchased from another location, please contact the seller directly regarding your return.

(q) Damaged Product

We apologize if you have received any items that have been damaged during shipment. Please save the damaged box and contact SkinMedica Customer Service immediately upon receiving your damaged package.

IV. USE OF THE SITE AND SITE CONTENT

(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon ("Site Content"), provided that you comply fully with these Terms of Use. Except as provided in Section III(d) below, the Site and the Site Content is intended for non-commercial purposes only. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, SkinMedica or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

[© 2008 SkinMedica, Inc. The SkinMedica logo and all associated trademarks and logos used herein are trademarks of SkinMedica, Inc. Other company and product names used herein are properties of their respective owners. All rights reserved.]

(c) Trademarks

"SkinMedica," "TNS Recovery Complex" and other marks, product names and company names appearing on the Site, are trademarks and service marks of SkinMedica and/or their respective owners, and are protected by law. They may be used publicly only with permission from SkinMedica. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(d) Commercial Use of Site Content

To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please send email to info@skinmedica.com and provide the following information in the body of the email:

  • The Site Content you wish to use
  • Where, when and how it will be used (for example, a seminar, newsletter or news article)
  • Where and how copies will be distributed and to what audience
  • How many copies will be produced and distributed
  • What other materials will be associated with the SkinMedica content
  • Your name, title, company, address, email address and phone number.


We will evaluate and respond to your request as soon as possible. SkinMedica reserves the right to condition or refuse to consent to the use of any or all of the Site Content at any time and in any manner, in SkinMedica's sole discretion.

You many not provide links to images or text on SkinMedica's Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.

(e) Accuracy of Information

SkinMedica strives to accurately and completely describe its products and provide updated information on the Site; however, SkinMedica does not warrant that product descriptions and information on the Site are complete or free from error.

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of SkinMedica, and we do not support or endorse any User Content or any other content otherwise posted by you or any other user.

(f) Links to Other Sites and/or Materials

Links may appear on the Site that may be used to link to other site(s). These links are provided solely as a courtesy to our Site visitors. Other than with respect to linked sites which are expressly stated on such sites as being owned or controlled by SkinMedica ("SkinMedica Related Sites"), SkinMedica has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites ("Linked Sites"). Each SkinMedica Related Site may have an individual privacy policy and/or terms of use which govern your use of and access to such SkinMedica Related Site, and we recommend that you review the policies applicable to these sites prior to your use. SkinMedica is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk. SkinMedica reserves the right to add, change, decline or remove any link at any time.

Our "Find a Physician" page only provides information regarding physicians who carry SkinMedica products. SkinMedica makes no guarantees or representations regarding the quality of service provided by those physicians. SkinMedica expressly disclaims all liability for the actions of the physicians listed on this Site.

V. USER CONTENT

From time to time, SkinMedica may provide you with the opportunity to post certain information, data, text, music, sounds, photographs, graphics, videos, messages or other materials including but not limited to comments on our products, facts, advice, "tips", testimonials and opinions (collectively, "User Content"), in or otherwise using Public Communications Features (as defined in our Privacy Policy) available to you through the Site from time to time.

Subject to our Privacy Policy all User Content that you post on the Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site, and you hereby grant SkinMedica the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, or post such User Content (in whole or in part) world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You agree that you are solely responsible for your User Content. You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not screen, monitor, review, or edit the User Content posted by you and other users on the Site. However, we have the right (but not the obligation) at our sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate, or inaccurate.

VI. PROHIBITED ACTIONS

Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; (vi) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (vii) intentionally or unintentionally violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (x) solicit other guests of the Site to become members of any commercial on line service or other group or organization.

SkinMedica does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with SkinMedica unless you have provided clear and conspicuous notice to SkinMedica and have received prior written consent from SkinMedica.

VII. DISCLAIMERS AND LIMITATION OF LIABILITY

(a) Disclaimer of Liability

NEITHER SKINMEDICA NOT ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER SITE CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

(b) Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SKINMEDICA, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF SKINMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES SKINMEDICA'S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF PRODUCTS SOLD TO YOU THROUGH THE SITE IN THE PROCEEDING TWELVE MONTH PERIOD. SKINMEDICA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, WHICH EXCEEDS THIS LIABILITY LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKINMEDICA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING SKINMEDICA'S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. SKINMEDICA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SKINMEDICA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

VIII. DISPUTE RESOLUTION

In order to expedite and control the cost of disputes, you and SkinMedica agree that any legal or equitable claim relating to these Terms of Use (referred to as "Claim") will be resolved as follows:

(a) Informal Resolution

You and SkinMedica agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. SkinMedica will send its notice to your billing address, with a copy via email to your email address. You will send your notice to SkinMedica Inc., 5909 Sea Lion Place, Suite H, Carlsbad, CA 92010.

(b) Formal Resolution

(i) Agreement to Arbitrate. Except as provided in Section VIII(b)(iii) below, if we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in these Terms of Use. If there is a conflict between JAMS rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. If you initiate the arbitration, you agree to pay a fee of $125 or, if less and you tell SkinMedica in writing, the amount that you would pay to initiate a lawsuit against SkinMedica in the appropriate court of law in your state. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a location in your hometown area (meaning, the closest JAMS dispute resolution center to your hometown) unless you and SkinMedica both agree to another location. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Forms and other information on filing such a Claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(ii) Special Rules. You and SkinMedica agree that the type of arbitration in which we both agree to participate is between SkinMedica and you as an individual. YOU AND SkinMedica ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.

(iii) Exceptions. Notwithstanding the foregoing, (A) any Claim involving a violation of applicable trademark or copyright laws, or a Claim for injunctive relief, may be decided only by a federal court (or, for injunctive relief, federal or state court) in the County of San Diego, State of California, and (B) neither you nor SkinMedica shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.

(c) Severability

You and SkinMedica agree that if Section VIII(b)(i) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from these Terms of Use and - in that event -- you and SkinMedica agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of San Diego, State of California. You and SkinMedica also agree that if Section VIII(b)(ii) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section VIII(b)(i) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of San Diego, State of California and you agree to submit to personal jurisdiction in California.

IX. MISCELLANEOUS

(a) Governing Law and Jurisdictional Issues

This Agreement is governed in all respects by the substantive laws of the State of Delaware and of the United States of America. Notwithstanding the foregoing, Section VIII(b) above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated from SkinMedica's offices in Carlsbad, California, United States of America, and SkinMedica makes no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations.

(b) Email May Not Be Used to Provide Notice

Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to SkinMedica or any of its officers, employees, agents or representatives, such as where notice to SkinMedica is required by contract, or any federal, state or local laws, rules or regulations.

(c) Suggestions and Feedback

SkinMedica welcomes feedback or inquiries about our products. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of SkinMedica.

(d) Interpretation and Entire Agreement

These terms and conditions, together with our Privacy Policy and Sales Policy, and SkinMedica's invoice regarding the products purchased through the Site by a user, form the complete and exclusive agreement between you and SkinMedica, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and SkinMedica relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(e) Contact Us

If you have any questions, comments or concerns regarding about these Terms of Use and/or the Site, please send an email to: policies@skinmedica.com

SkinMedica Inc. and its affiliates
5909 Sea Lion Place, Suite H
Carlsbad, CA 92010

  
 
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