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ZO SKIN HEALTH, INC. TERMS OF USE

Last Modified: August 1, 2022

These online Terms of Use ("Terms of Use") govern your access to all websites controlled and offered by ZO Skin Health, Inc. including its subsidiaries and affiliates (“ZO”) and govern your access to and use of these websites, including any content, functionality, and services offered on or through them (the “Sites”), whether as a guest or a registered user. These Terms of Use do not apply to any websites not controlled by ZO, or to any third-party websites to which ZO may link to on the Sites. Our Privacy Policy is incorporated into and is part of these Terms of Use.

Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and ZO’s Privacy Policy (including ZO’s California Consumer Privacy Policy, if applicable), as well as any other rules or restrictions posted on the Sites, all incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

The Sites are offered and available to users who are 13 years of age or older and are not intended for use by children under the age of 13. By accessing and using the Sites, you represent and warrant that you are at least 13 years old and have read, understand and agree to be bound to the current version of these Terms of Use.

If you disagree with these Terms of Use, or are dissatisfied with any aspect of the Sites, your sole and exclusive remedy is to discontinue accessing and using the Sites.

Changes to the Terms of Use

ZO reserves the right to revise and update these Terms of Use and the Privacy Policy from time to time in our sole discretion without prior notice. All changes are effective immediately upon posting and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use constitutes your unconditional agreement to be bound by the updated Terms of Use as then stated.

The Sites

The information presented on or through the Sites is made available solely for general information purposes. ZO reserves the right to update, amend or withdraw the Sites, and any services or materials ZO may provide on the Sites, in ZO’s sole discretion without notice. ZO does not warrant the accuracy, completeness, or usefulness of any information provided on the Sites. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. If any information on the Sites is incorrect, incomplete, or out of date, ZO is not bound by such information. ZO may have more accurate information than what is displayed on the Site, and information displayed on the Sites is not a waiver of ZO’s right to use more accurate information for any purposes.

ZO reserves the right to restrict access to some parts or all of the Sites to users, including registered users. ZO will not be liable if, for any reason, all or any part of the Sites is unavailable at any time or for any period, or if information is removed from the Sites. ZO makes no claims that the Sites or any of their content are accessible or appropriate in every country. You understand and agree that you have no ownership rights in any account you may have with us or other access to the Sites or features therein. ZO may cancel your account and delete all User Generated Content associated with your account at any time, and without notice, if ZO deems that you have violated these Terms of Use, the law, or for any other reason.

Your Use of the Sites

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites, and you represent and warrant, that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by ZO’s Privacy Policies, and you consent to all actions ZO may take with respect to your information consistent with the Privacy Policy. It is your responsibility to maintain the completeness and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you. You represent and warrant that you will not sell, share, or disclose your password to others, and will not otherwise provide any other person with access to the Sites or portions of it using your account. You should use particular caution when accessing your account from a public or shared computer.

In addition, you represent and warrant that:

  • You are at least 13 years of age.
  • You will use the Sites in accordance with these Terms of Use.
  • You will not use the Sites, including by uploading User Generated Content, in any way orfor any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous,obscene, invasive of the privacy of another person, threatening, harassing, abusive,hateful, racist, infringing, pornographic, violent, or otherwise objectionable orinappropriate as determined by ZO in its sole discretion.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not upload, post, reproduce, or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
  • You will not transmit through the Sites any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Sites or the networks or services connected to the Sites by means including, but not limited to, hacking into the Sites or using the Sites to send unsolicited emails or other communications.
  • You will not crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Sites.
  • You will not, and will not attempt to, circumvent any of the Sites’ security measures, reverse engineer any portion of the Sites, obtain the Sites’ source code, or create back doors or any form of unauthorized access to the Sites.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation or features of the Sites.

Intellectual Property Rights

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Site Content”) are owned by ZO, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The ZO Skin Health, Inc. name, the terms ZO, ZO SKIN HEALTH, ZO SKIN CENTRE, the ZO logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZO or its affiliates or licensors. You are expressly prohibited from using such marks without the prior written permission of ZO in each instance, except to identify the products or services of ZO. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

ZO retains all rights to all Site Content, including but not limited to its trademarks, copyrighted materials, photographs, images, product formulas, labels and packaging displayed on the Sites as well as on any ZO products that you may purchase through the Sites. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by ZO.

You agree not to download, display, or use any Site Content for any commercial purpose. You also agree not to download, display, or use any Site Content located on the Sites in connection with products or services that are not those of ZO or in any other manner likely to cause confusion among consumers, disparage or discredit ZO and/or its licensors, dilute the strength of ZO’s or its licensors’ property, or otherwise infringe ZO’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Site Content, User Generated Content (as defined below), or third-party content that appears on the Sites.

User Generated Content

The Sites may contain functionality and interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Generated Content") on or through the Sites. You represent and warrant that you own the User Generated Content submitted, displayed, published, or posted by you on the Sites and otherwise have the right to grant the license set forth below, and the posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.

In accordance with our Privacy Policy, any User Generated Content you post to the site will be considered non-confidential and non-proprietary and may be viewed by other users of the Sites, and you hereby grant to ZO a royalty-free, unrestricted, worldwide, perpetual, irrevocable and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of and/or post such content (in whole or in part) and incorporate it in other works in any media, form or technology, and otherwise disclose to third parties any such material for any purpose. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, as well as the right to sublicense User Generated Content to third parties for use on other media or platforms known or hereinafter developed.

User Generated Content does not reflect the opinion of ZO and solely reflects the opinions and views of the person or entity providing the User Generated Content. ZO makes no guarantee regarding the accuracy or completeness of any User Generated Content posted on the Sites, we do not control or review User Generated Content, and we make no representations of any kind about User Generated Content, including no representations about its content or accuracy. We reserve the right in our sole discretion, but have no obligation, to review, modify, refuse or remove any User Generated Content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate or objectionable. of any User Generated Content posted by you or any other user of the Sites. ZO is not responsible or liable for damages of any kind arising from any User Generated Content, even when ZO is advised of the possibility of such damages, or for ZO’s alteration or deletion of any User Generated Content.

Without limiting the foregoing, ZO retains the right to cooperate fully with any law enforcement authorities or court order requesting or directing ZO to disclose the identity or other information of anyone posting any materials on or through the Sites.

Online Purchases and Other Terms and Conditions

ZO takes strict measures to ensure the protection of its consumers and control its supply chain. As such, ZO reserves the right, in our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Please note that certain orders may constitute improper use of the Sites and its services. Additionally, ZO reserves the right, in our sole discretion, to refuse or cancel any order for any reason. User accounts may also be restricted or terminated for any reason, in our sole discretion. We also reserve the right, in our sole discretion, to prohibit sales to dealers or resellers. “Reselling” is defined as purchasing or the intention to purchase any ZO product from the Sites for the purpose of engaging in a commercial sale of that product to a third party.

Third Party Websites

If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ZO has no control over the contents of those sites or resources, accepts no responsibility for them, and has no liability for any loss or damage that may arise from your use of third-party sites. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We encourage you to read these third-party sites’ policies before using them because ZO’s Terms of Use, Privacy Policy, and other policies do not govern third-party sites.

Consent to Electronic Communications and Transactions

You consent to receiving electronic communications from ZO. These communications may include notices about your account and information concerning or related to the Sites. You agree that any notices, agreements, disclosures, or other communications that ZO sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You also consent to the fact that any transaction or agreement undertaken on or through the Sites, including your agreement to these Terms of Use, is an electronic transaction or agreement.

SMS Terms

You may sign up for SMS text messages in connection with the Sites. By Opting-In to text messages, you authorize ZO to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize ZO to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of any purchase

To opt out, you must text STOP to:

+1 (909) 323-0265 - Beverly Hills

+1 (626) 774-7846 - Pasadena

+1 (949) 647-5349 - Laguna Beach

+1 (949) 523-1675 - Newport Beach

By Opting-In to SMS text messages:

  • You are signing your Opt-In to the text messages.
  • You accept these Terms of Use. ZO’s text message-related activities are part of the Sites as defined above.
  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact ZO as described at the end of these Terms of Use. To view and retain an electronic copy of these SMS Terms or the rest of your Opt- In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.

After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

Message and data rates may apply to messages that ZO sends you or that you send ZO. You may receive multiple, recurring messages. ZO may terminate its text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. For text message services operated through ZO, you can get help by texting HELP to the below location specific number, and to opt out, you must text STOP to the below location specific number. You may receive one or more confirmation messages when you opt out or when

your participation in the program otherwise ends.

To opt out or receive help, you must text HELP or STOP to:

+1 (909) 323-0265 - Beverly Hills

+1 (626) 774-7846 - Pasadena

+1 (949) 647-5349 - Laguna Beach

+1 (949) 523-1675 - Newport Beach

ZO and mobile telecommunications carriers are not liable for delayed or undelivered messages.

For customer service regarding our SMS programs, contact ZO using the information at the bottom of these Terms of Use.

Disclaimer of Warranties

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZO NOR ANY PERSON ASSOCIATED WITH ZO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SITE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.

WITHOUT LIMITING THE FOREGOING, NEITHER ZO NOR ANYONE ASSOCIATED WITH ZO REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ZO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Depending on your country of residence, these disclaimers may not apply to you in full.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT WILL ZO, OR ANY OF ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF ZO AND ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25).

Depending on your country of residence, these limitations may not apply to you in full.

Indemnification

You agree to defend, indemnify, and hold harmless ZO, its parents, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Sites, your use of any information or Site Content obtained from the Sites, violations of the Terms of Use by your dependents, or which arises from the use of User Generated Content you posted or otherwise provided to ZO or the Sites. Depending on your country of residence, this section may not apply to you in full.

General

All matters relating to the Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At ZO's sole discretion, you may be required to submit any disputes arising from these Terms of Use or use of the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the JAMS Rules of Arbitration. Depending on your country of residence, this section may not apply to you in full.

No waiver by ZO of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ZO to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact Us

This website is operated by ZO Skin Health, Inc. headquartered at 9685 Research Drive, Irvine, California 92618, United States of America.

All notices of copyright infringement claims should be sent to ZO’s Legal Department via email to [email protected].

All other feedback, comments, requests for technical support, and other communications relating to the Website should be submitted via the Contact Us Form, via email to [email protected] , or via mail to 9685 Research Drive, Irvine, California 92618, United States of America.