SECTION 2 – E-COMMERCE

TO PROTECT YOUR OWN INTERESTS, YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING PRODUCTS FROM US.

2.    Pricing. All prices are quoted in US Dollars ($).

3.    Orders. After your order is placed on the Website, we will email you to acknowledge that we have received your order. Your order is not deemed accepted by us until we send a shipping notice email to your email address. The total price of your order will be charged to your credit card or debit card when your order is shipped.

You may request a cancellation of your order within 48 hours of submission on the Website by contacting us at: care@skinmedica.com. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to cancel your order if the product is not available, if we are unable to obtain authorization of your payment, or for any other reason deemed acceptable by us.

4.    Payment. We accept the following forms of payment:

• Visa

• MasterCard

• American Express

• Discover

We reserve the right to request additional identification to verify your payment.

Payment Processing – We may make available to you various payment processing methods to facilitate the purchase of products from the Website. You must abide by any relevant terms and conditions or other legal agreement, whether with us or with a third party, that governs your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion and without notice to you. You agree to pay for any products that you order and that we may charge your credit card or other form of payment that you indicate for any products ordered, along with any additional amounts including any taxes.

Taxes – You are responsible for any taxes, customs fees, or duties ("Taxes"), and must pay for products without any reduction for taxes. If we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

5.    Limitations. The availability of products is subject to change at any time. The packaging of the products may vary from that shown on the Website. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product will be corrected.

Any health-related content on our Website is not intended to be a substitute for professional medical advice. All such content is general in nature and may not be suitable for your needs. Never delay seeking professional medical advice because of something you have read on our Website.

6.    Accuracy of Information You Provide. We rely on the information that you provide through the Website, including name, contact information, and billing information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address, phone number and credit card number and expiration date, so that we can complete your transactions and contact you as needed. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

7.    Shipping. Orders are currently shipped using FedEx. Monday – Friday only. Most orders are shipped within 2 business days from the order date. Orders placed on weekends and select holidays are usually processed on the next business day. If we are unable to process your order due to inaccurate or incomplete payment information, or if the order contains out of stock item(s), your order processing and shipping may be delayed. We reserve the right to change the means of shipment on any order.

Shipping Rates – Standard shipping is free. Expedited shipping costs will vary.

8.    Returns/Refunds. Allergan's offers a 30-day Money Back Guarantee.

To initiate a return, simply use the pre-paid shipping label included in the box, then drop off your package at any FedEx location. You may return your product within 30 days after your purchase date. Simply return the product(s) within 30 days of receipt for a refund, excluding shipping and handling.

Allow 7-10 business days for the return to be processed and credited back to your account.

Note that if the product was damaged in shipment, the return authorization request must be made within 14 calendar days of receipt.

9.    Compliance and Complaints. We do not have any obligation to censor or review any Third-Party Content or to monitor use of the Website. However, you agree that we may, without notice or liability, disclose to third parties any of your information, monitor use of the Website and monitor, review and retain any Content if we believe in good faith that such activity is reasonably necessary to provide the Website to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Website by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Website, including your Account.

SECTION 3 – DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES

10.    Disclaimers. To the maximum extent permitted by applicable law, we make no warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the website or any content, and we expressly disclaim all warranties and representations, express, implied or statutory, including implied or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

11.    Limits of liability. To the maximum extent permitted by applicable law, in no event will we be liable, even if advised of the possibility of such damages, for

• Indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Website or products purchased on the Website; or

• Any damages, liability or losses arising out of: (i) your use of or reliance on the Website or products purchased on the Website, (ii) your inability to access or use the Website, (iii) the content or accuracy of any material, information or data (including any software) related to these terms or viewed, downloaded, accessed or transmitted using, over or through the internet or the Website; or (iv) any transaction or relationship between you and any third party provider or establishment, whether or not made on or through the Website; or

• Without in any way limiting the full extent of the foregoing, aggregate direct damages in connection with the Website shall not be in excess of the amount you paid us, if any, for use of the website.

12.    Applicability. Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

13.    Indemnity By You. You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Website or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

SECTION 4 – GENERAL PROVISIONS

14.    Interpretation. In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in US Dollars.

15.    Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASSWIDE BASIS, INCLUDING THE JOINING OF A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

16.    Severability. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

17.    Notifications. Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion.

18.    Governing Law and Jurisdiction. These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the State of California without reference to its conflict of laws principles. Any legal proceedings that may arise out of, relate to, or be in any way connected with this Website, our Services or these Terms of Use shall be brought exclusively in the state or federal courts located in California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING THAT ARISES OUT OF, RELATES TO, OR IS ANY WAY CONNECTED TO THIS WEBSITE, THE SERVICES OR THESE TERMS OF USE.

19.    Assignment and Inurement. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

20.    Survival. All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

21.    Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Website.

22.    Entire Agreement. These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.