Colorescience Terms & Conditions of Use

Effective on May 14, 2020.

These Terms and Conditions of Use (“Terms of Use”) govern your use of our website www.colorescience.com (the “Website”), and any other related websites, content, features, content, materials, applications, widgets and/or services (collectively the “Services”) offered by Colorescience, Inc. (including any of its subsidiaries or corporate affiliates, collectively, "Colorescience," "we" or "us"). Any person accessing or using the Services is referred to as "you".

BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF THE SERVICES. THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

We reserve the right to revise these Terms of Use at any time. When we make revisions, we will post them on the Services and update the “Last Revised” date at the top of these Terms of Use. If we make changes that are significant, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website. Revisions will be effective immediately upon posting. You agree to check this section periodically to be aware of any changes to these Terms of Use. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS. If you do not agree to these Terms of Use, please do not use the Services.

These Services and the Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of these Services or the Content other than for personal and non-commercial purposes is prohibited.

You agree that by using the Services and registering for membership, you are at least 18 years of age, or visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract.

ORDERS; TERMS OF SALE

By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.

We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. In addition, we may contact you via such contact information if we wish to notify you of product recalls related to products made available through the Services.

We reserve the right to limit, reject, modify, or cancel orders for any reason or no reason, including if we determine or suspect, in our sole judgment, that (i) the order appears to be placed by unauthorized parties, including resellers, or (ii) there is fraudulent activity in connection with such order.

If your payment method has already been charged for an order that is later modified or cancelled, Colorescience shall issue you a refund in the amount of the price you paid back to your original method of payment. We apologize for any inconvenience this may cause you.

PRODUCT & PRICING INFORMATION

All prices and products advertised on the Services, including rewards programs and subscription terms and offers, are subject to change. Although the Services are composed with care, it may happen that the pricing information on the Services contains errors. We are not bound by our offer or any prices on the Services and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, product recalls, or other errors on the Services.

All prices displayed on the Services are quoted in US Dollars ($).

Shipping costs are applied per order and depend on where your order is shipped to and by which method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed during checkout.

The images and descriptions of the products on our Services are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the actual colors or other appearances of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Services.

LIMITED LICENSE GRANT AND OWNERSHIP

Subject to your agreement to and continuing compliance with these Terms of Use, we grant you a limited license to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings or descriptions; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials (“Content”), are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Colorescience and/or its licensors own all right, title and interest in and to the Services and Content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Colorescience’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Colorescience (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Colorescience, and (ii) only use such information for the purposes of using the Services provided by Colorescience hereunder. The Services are © 2003-2015. Colorescience, Inc. All rights reserved.

Except as permitted above, the Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Colorescience. You may not use any meta tags or any other "hidden text" utilizing Colorescience's name or trademarks without the express written consent of Colorescience. Any unauthorized use terminates the permission or license granted by Colorescience.

We reserve the right to change any information, features and functions of the Services without prior notice. We may refuse service, terminate Accounts and/or deny access to any or all parts of the Services if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party. Use of the Services for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

LICENSE LIMITATIONS AND USER CONDUCT

The above granted license to use the Services does not grant you the right to, and is contingent on your agreement that you will not, under any circumstances:

modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service, without our express written consent;

duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;

use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services

use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's use of the Service or use any device, software or routine that causes the same;

attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, Accounts registered to other users, or the computer systems or networks connected to the Service;

use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;

introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

use the Service for illegal, harassing, unethical, or disruptive purposes;

use the Service in any way that would affect us adversely or reflect negatively on us, the Service, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service; or

use the Service in any way not expressly permitted by these Terms of Use or applicable law.

You agree that you will not perform any of the above in connection with your use of the Services.

REGISTRATION AND ACCOUNTS

To register an Account on our Services (an “Account”), you must (i) be at least 18 years of age (or the age of legal majority in your jurisdiction, (ii) use your valid email address, (iii) complete the additional required information, and (iv) create a password to register your profile. Each time you use your password or Account, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms of Use and Colorescience has no obligation to investigate the authorization or source of any such access or use of the Services.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL AND PURCHASE OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your Account password and identification. You shall immediately notify us of any unauthorized use of your Account or any other breach or threatened breach of the Services' security.

At the time of your first order, we will request your shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Use.

As an Account holder, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our weekly email newsletter.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COLORESCIENCE. We do not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. We reserve the right to terminate Accounts in our sole discretion.

As an Account holder, you may also be given the option to purchase a subscription membership through the Services. Such subscriptions may be subject to additional terms and conditions provided to you by us, including regarding types of membership plans available, cancellation policies, length of subscription terms, and promotional offers available only for subscribed members.

To cancel your Account, please contact us at:

Colorescience, Inc.

2141 Palomar Airport Road, Suite #200

Carlsbad, CA 92011

Email: concierge@colorescience.com

Phone: 866-426-5673

GIFT CARDS AND PROMOTIONS

In certain instances, we may allow you to redeem Colorescience gift cards (“Gift Cards”) towards the purchase of certain eligible products or services on the Services. We reserve the right to designate specific products or services as ineligible for purchase using Gift Cards. We assume no responsibility for any lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchase amounts that exceed your Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards issued after October 1, 2005 do not expire and may be applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 expire in accordance with their stated terms.

Any and all offers or promotions advertised or made available on the Services are void where prohibited, and are subject to the posting of additional rules and conditions that may apply to such offers or promotions, including by third parties that may be operating such promotions.

Colorescience reserves the right to close Accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Services.

LASTING BEAUTY REWARDS PROGRAM TERMS AND CONDITIONS

The Services may include one or more programs (the “Rewards Program”), including our current program called Lasting Beauty Rewards, where Account holders can accumulate and redeem loyalty rewards points (“Points”), on an individual basis and solely for their own Account. The Rewards Program may be structured to offer certain benefits based on an Account’s current balance of “redeemable” Points (that is, Points that have not previously been redeemed and have not expired) or “lifetime” Points (that is, all prior Points accumulated by an Account holder, whether previously redeemed or not).

Click here for more information on Lasting Beauty Rewards Terms and Conditions.

BILLING AND PAYMENTS

We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, our Concierge team may contact you directly to update your Account information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your Account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion.

If you would like to exchange or return a product, please contact us by chat, email or phone at the details below: https://www.colorescience.com/customer-service

If you would like to exchange your product for a different one, we'll happily accommodate you under our exchange policy. Our team will immediately ship out the product you'd like and give you up to ten business days to return the product with which you were not satisfied. (Please note: as with returns, exchanges may be subject to a restocking fee).

WARRANTY DISCLAIMER

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES (INCLUDING THE CONTENT) AND THE PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLORESCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COLORESCIENCE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MALICIOUS CODE. COLORESCIENCE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COLORESCIENCE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION, COLORESCIENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS ON THE SERVICES, EVEN IF COLORESCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card Account in the amount of the charge.

INDEMNIFICATION

By agreeing to these Terms of Use and using the Services, you agree to indemnify, defend and hold harmless Colorescience, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the Services using your Account.

PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of these Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at https://www.colorescience.com/privacy-policy.

THIRD-PARTY LINKS AND SITES

The Services may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Colorescience. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

FEEDBACK

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us (“Feedback”). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Colorescience's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any Feedback, including original creative materials of any kind, including show designs, photographs, drawings or original artwork.

If you send us any Feedback, whether solicited or not, you acknowledge and agree that we may treat the Feedback to be non-confidential and non-proprietary in each instance and in all respects, and that we shall have the right to use and exploit such Feedback in any manner and for any use without any further obligation to you as the submitter of the Feedback. All Feedback made by you shall be the sole property of Colorescience and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Feedback you submit and you have no right to compel such use. You hereby irrevocably waive, release and give up any claim that any use of such Feedback violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

USER CONTENT

Users of the Services may be permitted to post reviews, comments, data, photos, images, and other information (“User Content”). You may not submit User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), inaccurate, slanderous, misleading, or otherwise injurious to third parties or objectionable. You may not submit User Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You hereby irrevocably grant to Colorescience the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, sublicense (including to other users of the Services), translate, incorporate, create derivative works from, distribute and otherwise use your User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. As part of the foregoing license grant, you agree that other users of our Services will also have the right to view your Use Content and/or to use, publish, display, or modify your User Content through their use of the Services. By submitting User Content to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

To the maximum extent possible under applicable law, Colorescience takes no responsibility and assumes no liability for any User Content posted, published, displayed or uploaded by you on the Services, or for any loss or damage thereto. Colorescience has no obligation to screen, edit or monitor any of the User Content posted, published, displayed or uploaded to or through the Services, but we do reserve the option and right, at our sole discretion, to remove or modify any User Content posted or stored on the Services in our sole discretion and without any prior notice of any type.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to submit Feedback or User Content does not place us in a position that is any different from the position held by members of the general public with regard to your Feedback or User Content. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own personnel. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your Feedback or User Content. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Feedback or User Content you submit, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Anyone who believes that his or her work has been reproduced in the Services in a manner which constitutes copyright infringement may submit a notification to Colorescience’s copyright agent in accordance with Section 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.

Notices of infringement claims should be sent by mail to:

Colorescience, Inc.
Attn: Ted Ebel
2141 Palomar Airport Road, Suite #200
Carlsbad, CA 92011
Phone number: 866-426-5673
Email: legal@colorescience.com

Colorescience will use commercially reasonable efforts to respond expeditiously to claims of copyright infringement using the Services that are reported to Colorescience’s copyright agent in the notification explained above. It is Colorescience’s policy, in appropriate circumstances and at its discretion, to disable or terminate the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

GOVERNING LAW

Your use of the Services shall be governed in all respects by the laws of the state of California, U.S.A. and the AAA Rules as modified herein, without regard to choice of law provisions. You and Colorescience agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Services must commence within one (1) year after the cause of action arises.

ARBITRATION AND CLASS ACTION WAIVER

Colorescience is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Concierge team at https://www.colorescience.com/customer-service. However, if you are dissatisfied with our customer service's resolution of your matter, these Terms of Use provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.

If you do not want to arbitrate disputes with Colorescience and you are an individual, you may opt out of the below arbitration agreement by sending an email to legal@colorescience.com within thirty (30) days of the date you access or use the Services.

ARBITRATION AGREEMENT:

(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:

Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Claims that arose before these or any prior versions of our Terms of Use (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after termination of these Terms of Use.

For the purposes of this Arbitration Agreement, references to “Colorescience”, “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Further, this arbitration agreement does not govern any claim by Colorescience for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use.

(b) CLASS ACTION WAIVER: Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You and Colorescience expressly waive any ability to maintain any Class Action in any forum. If a claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You and Colorescience understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If for any reason a claim proceeds in court rather than in arbitration, you and Colorescience each waive any right to a jury trial.

(c) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Colorescience should be addressed to: Notice of Dispute, Colorescience, Inc., 2141 Palomar Airport Road, Suite #200, Carlsbad, CA 92011(“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Colorescience may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Colorescience or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Colorescience is entitled.

(d) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Use. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Colorescience. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.

Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

(e) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Use provide or award punitive damages or any other damages not measured by actual damages.

(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

GENERAL LEGAL PROVISIONS

These Terms of Use are effective unless and until terminated by either you or Colorescience. You may terminate these Terms of Use as they apply to you at any time by ceasing to use the Services. Colorescience may terminate these Terms of Use at any time immediately and without notice, and accordingly deny you access to the Services, for any reason in its sole discretion; however, the provisions in these Terms of Use that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Use.

If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Use shall remain in full force and effect. The failure of Colorescience to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

We may provide notice to you relating to the Services and/or these Terms of Use by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Use and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not use the Services or export the Content in violation of U.S. export laws and regulations. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.

CONTACT US.

You may contact us regarding the Services or these Terms of Use at:

Colorescience, Inc.
2141 Palomar Airport Road, Suite #200
Carlsbad, CA 92011
Email: concierge@colorescience.com
Phone: 866-426-5673