Emer Skin provides the content and services available on EmerSkin.com (the Site) to you subject to the following Terms and Conditions. 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 and Conditions which include our Privacy Policy and Return Policy, both of which are incorporated herein by reference.

Promotional Rules:
Savings offers are only valid on EmerSkin.com during allotted time period. Website offers cannot be applied to previous orders, redeemed for cash, or combined with any other discounts.

Gifts with purchase are only valid on EmerSkin.com. Gift with purchase items cannot be redeemed for cash. Tax and shipping do not count toward promotion qualifiers. While supplies last, gifts and samples may be replaced at the company's discretion. 

1. Privacy Policy and Return Policy

Please review our Privacy Policy and Return Policy, which also govern your visit to the Site.

2. Medical Advice Disclaimer

The Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. Emer Skin does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to Emer Skin does not create a physician-patient relationship between you and Emer Skin. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

3. Intellectual Property

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software and the compilation thereof (collectively, the "Content") is the property of Emer Skin, our affiliates, partners or licensors and is protected by United States and international copyright laws. The trademarks, logos and service marks displayed on the Site (collectively, the "Trademarks") are the registered and/or unregistered marks of Emer Skin, our affiliates, partners or licensors, in the United States and other countries and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 3 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

4. Limited Licenses and Use of the Site

We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to and you are not permitted to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site and upon receipt of such request, you shall immediately remove such link.
You further agree not to or permit any other person to:

(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;

(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called "spamming" or "phishing";

(c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of the Site;

(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other firths of ours or of any third party;

(e) gain unauthorized access to the Site; or

(f) improperly display any TCP/IP packet header or part of the header information in any email or other postings.

Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 3 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

5. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. In addition, when you register with the Site and place an order for any of our products, you must indicate your acceptance of these Terms and Conditions, the Privacy Policy and the Return Policy by following the instructions and clicking the button labeled "I agree."
Without limiting the generality of any other provision of these Terms and Conditions, if you breach any of these Terms and Conditions (including our Privacy Policy and Return Policy), you shall be liable for all the losses and damages that this may cause to Emer Skin, our affiliates, partners or licensors.

6. Your Account

You must register at our Site before placing an order for any of our products. When registering, you must give an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions (including our Privacy Policy and Return Policy).

7. Purchase of Products

YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE ORDERING ANY PRODUCT FROM THIS SITE AND WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. THE PRODUCTS OFFERED THROUGH THE SITE ARE NOT INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER RESPONSIBLE INDIVIDUAL CAREFULLY READS THE INSTRUCTIONS AND EXPIRATION DATE FOR THE PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHOM THE PRODUCTS ARE APPROPRIATE FOR USE.
The products available on the Site and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions (including our Privacy Policy and Return Policy).
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
THE PRODUCTS ARE SOLD "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
Our sole liability and your exclusive remedy concerning purchase of products through the Site is for us to [replace the product] or refund your paid amounts in accordance with our Return Policy.
The purchase of any products on the Site are also subject to any other provisions stated in this Site or as indicated during the ordering process.

8. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us. We are not responsible for examining or evaluating the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission is not in breach any of these Terms and Conditions, nor does the Submission violate any law or judicial or governmental order. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify and hold us harmless from and against any and all claims arising from or in connection with breach of your representations and warranties in this section 8.

9. Copyright Infringement Notification and Procedure

9.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.
9.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check these Terms and Conditions before sending any notification to us.

(a) Written notification must be submitted by email mail to the following Designated Agent: support@emerskin.com

9.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);

(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;

(c) A description of the material that you or the copyright owner claim is infringing and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;

(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(e) Your name, address, telephone number and e-mail address;

(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10. Disclaimers; Representations and Warranties; Limitation of Liability

THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY.
DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION YOU FIND HERE, ON WEBSITES WHICH WE LINK TO OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. EMER SKIN DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY EMER SKIN, ITS AGENTS OR EMPLOYEES, OTHERS APPEARING ON THIS SITE AT THE INVITATION OF EMER SKIN, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK AND EMER SKIN HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SITE OR ANY PRODUCTS SOLD THROUGH THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
THE SITE IS PRESENTED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IN NO EVENT SHALL EXCEED THE GREATER OF THE AMOUNT PAID FOR AN AFFECTED PRODUCT OR ONE HUNDRED DOLLARS ($100.00). FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to defend, indemnify and hold us harmless from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, breach of these Terms and Conditions, Privacy Policy, Return Policy or Registration/Ordering Terms and Conditions. You also agree to indemnify and hold us harmless from any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

12. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration before a single neutral arbitrator in Los Angeles County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of JAMS. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

13. General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Return Policy, constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

14. Mobile Terms of Service

The Emer Skin mobile message service (the "Service") is operated by Emer Skin (“Emer Skin”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Emer Skin’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Emer Skin through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Emer Skin. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Emer Skin mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email support@emerskin.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.