IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS”
OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 13 AND 14). THESE TERMS FORM AN
ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of tryillumina.com including any sub-domains thereof, affiliated websites, and mobile
applications (collectively, the “Website”), which are owned and maintained by Illumina Skincare LLC
(“Illumina Skincare,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth
below. Please read them carefully. We offer the Website, including all information, tools, products, and
services available from the Website to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here. By accessing, using, or placing an order over the
Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in
their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT
WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN
SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15
BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page
(https://tryillumina.com/terms). We reserve the right to update, change, or replace any part of these
Terms by posting updates and/or changes to our Website. It is your responsibility to check this page
periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY
CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority
in your state or province of residence. If you use the Website, you affirm that you have the legal
capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to
its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at https://tryillumina.com/privacy.
The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other
intellectual property laws. You do not acquire any ownership or other rights by downloading or using the
Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or
for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any
unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or
physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3)
soliciting others to perform or participate in any unlawful acts; (4) violating any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or
violating our intellectual property rights or the intellectual property rights of others; (6) harassing,
abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7)
submitting false or misleading information; (8) uploading or transmitting viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or operation of
the Website; (9) collecting or tracking the personal information of others; (10) interfering with or
circumventing the security features of the Website; or (11) any other unlawful act.
Illumina Skincare reserves the right to terminate your access to the Website or any of its services if it
determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or
incomplete information during our registration process; (3) engage in any conduct that would otherwise
harm any of Illumina Skincare’s rights or interests in its Website, services, or other property; or (4)
for any or no reason whatsoever without prior notice to you. Illumina Skincare may take any other
actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any products or services you purchase from Illumina Skincare on or through the
Website will be used for your personal, non-commercial use. You agree that you will not resell,
redistribute, modify, or export any product that you order from the Website. Resale of our products
outside of authorized channels can result in the product becoming materially different, which may affect
safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is not intended as
medical advice or as a substitute for seeking advice from a qualified healthcare provider. The
statements made on this Website have not been evaluated by the Food and Drug Administration. You should
consult your healthcare provider before using any information provided by Illumina Skincare.
While we endeavor to provide accurate and current information on our Website, there may be information on
our Website that contains typographical errors, inaccuracies, or omissions related to product
descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information
or cancel orders if any information on the Website or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images of our products that
appear on the Website. We cannot guarantee that your computer monitor's display of any color will be
accurate.
This Website may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of this
Website at any time, but we have no obligation to update any information on our Website. You agree that
it is your responsibility to monitor changes to our Website.
Illumina Skincare does not make any guarantee that you will accomplish your health and wellness goals.
Your results may vary depending upon a variety of factors unique to you, such as your age, health, and
genetics.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of access to the Website. Certain products or services may be available
exclusively online through the Website. These products or services may have limited quantities and are
subject to refund, return, or exchange only according to our Shipping and Refund policies as set herein
and in our FAQ page, or in your order confirmation.
All descriptions of products or product pricing are subject to change at any time without notice, at our
sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to
use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will
be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s)
due.
We and our third-party payment service providers may request, and we may receive, updated credit card
information from your credit card issuer, such as updated card numbers and expiration date information
when your credit card has expired. If such updated information is provided to us and our third-party
payment service providers, we will update your account information accordingly. Your credit card issuer
may give you the right to opt-out of providing vendors and third-party payment service providers with
your updated credit card information. If you wish to opt-out of your credit card’s updating service, you
should contact your credit card issuer.
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 you directly and seek
payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your
order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny
your order, you will receive a refund to your original form of payment. You understand and agree that we
will not be liable for any losses or damages that may result from our refusal to provide you any product
or service. We reserve the right to require additional information before processing any order.
9. SHIPPING
Illumina Skincare ships to addresses located in the United States. Orders generally ship Monday through
Friday within 2-3 business days of the time of placement. Domestic orders typically arrive within 8
business days of shipment. Delivery times for orders varies based on location. Please visit our Website
for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late
shipments/missing shipments if you enter incorrect shipping address information. If you discover that
you have made a mistake with your order after it has been submitted, please contact Customer Support by
email ([email protected]) immediately. You must contact us as soon as possible in order to modify or
cancel your pending order. However, we frequently ship the same day that you order, so we cannot
guarantee that we will be able to amend your order in accordance with your instructions.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any
delivery confirmation provided by the carrier is sufficient proof of delivery, even without a
signature.
11. RETURNS AND REFUNDS
Illumina Skincare wants you to be satisfied with your experience with us so we have made returning or
exchanging products easy. If you receive the wrong item or if it arrives damaged or defective, please
visit the Refund Policy on our Website for additional information about how to return or exchange a
product or request a refund. All sales are final after 90 days from order fulfillment. The following are
nonrefundable: (1) Items marked “final sale” or “nonreturnable”, (2) shipping fees, (3) expedited
shipping fees, (4) package loss warranty, (5) priority order processing fees, and (6) gift cards or
orders placed using gift cards.
After the shipping department receives your return, it generally takes ten business days to process your
refund. Once a return is processed, it may take up to ten days for the return to be posted to your
account, depending on your financial institution.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment
sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube,
Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social
media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have
their own privacy policies and terms of use. The comments and opinions expressed by users on social
media are theirs alone and do not reflect the opinions of Illumina Skincare, and we have no obligation
to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our
Social Media Presence, you should report it to the operator of the applicable site or platform using the
procedures they have established for that purpose.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS
WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ILLUMINA SKINCARE OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM
OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR
ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER ILLUMINA SKINCARE HAS HAD NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF
USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS
APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR
OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ILLUMINA SKINCARE IS FOUND
LIABLE UNDER ANY THEORY, ILLUMINA SKINCARE’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD
$500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER ILLUMINA
SKINCARE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND
YOU MAY HAVE ADDITIONAL RIGHTS.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND
ILLUMINA SKINCARE ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, ILLUMINA
SKINCARE’S PRIVACY POLICY OR TERMS OF SALE, ILLUMINA SKINCARE’S ADVERTISING OR MARKETING PRACTICES, OR
ILLUMINA SKINCARE’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”)
UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL
ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS
ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING
WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE
STATE OF FLORIDA TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC
INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE
ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND ILLUMINA SKINCARE AND MAY NOT CONSOLIDATE
CLAIMS OR PROCEEDINGS WITHOUT ILLUMINA SKINCARE’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR
REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR
DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR
RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND
ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT ILLUMINA SKINCARE HAS THE RIGHT TO BRING
A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF FLORIDA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF,
OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF ILLUMINA
SKINCARE’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO
PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE
OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT;
(C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS
MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN
OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT
YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH
ILLUMINA SKINCARE’S WEBSITE BY SENDING A LETTER TO: ILLUMINA SKINCARE LLC ATTN. LEGAL DEPARTMENT, 1309
COFFEEN AVE STE 17100, SHERIDAN, WY, 82801, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR
INTENT TO OPT OUT OF ARBITRATION.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Illumina
Skincare, its parent, subsidiaries, predecessors, successors and affiliates, and their respective
partners, officers, directors, agents, representatives, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses,
liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable
attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your
breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of
any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a
third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable
for any third-party materials or websites. We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the third-party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the applicable third-party.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Illumina Skincare is pleased to hear from users and customers and welcomes your comments regarding our
services and products. You agree that anything you submit or post to the Website and/or provide us,
including without limitation, photographs, testimonials, ideas, know-how, techniques, questions,
reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as
non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual,
irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, and create derivative works from such Submissions by any means and in any form. You
agree that any Submission that you provide us is true and accurate in all respects and does not infringe
or interfere with the intellectual property rights of any third party. You agree that Illumina Skincare
may use a Submission, in whole or in part, together with the name of the person submitting it. You agree
that Submissions, including testimonials, may be used for any form of advertising relating to Illumina
Skincare’s products or services, in printed and online media, as Illumina Skincare determines in its
absolute discretion. These testimonials do not represent the generally expected user experience.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for
notifications of claimed infringement regarding materials posted to this Website. All notices should be
addressed to the following contact person:
You may contact our agent for notice of claimed infringement specified above with complaints regarding
allegedly infringing posted material and we will investigate those complaints. If the posted material is
believed in good faith by us to violate any applicable law, we will remove or disable access to any such
material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you
include the following information: (i) description of the copyrighted work that is the subject of
claimed infringement; (ii) description of the infringing material and information sufficient to permit
us to locate the alleged material; (iii) contact information for you, including your address, telephone
number and/or email address; (iv) a statement by you that you have a good faith belief that the material
in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation
of any law; (v) a statement by you, signed under penalty of perjury, that the information in the
notification is accurate and that you have the authority to enforce the copyrights that are claimed to
be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized
to act on the copyright owner’s behalf. Failure to include all of the above-listed information may
result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics,
illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads,
software, data compilations and other content associated with the Website (the “Content”) are owned or
licensed by and to Illumina Skincare or other authorized third parties and are protected by intellectual
property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must
comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As
between you and Illumina Skincare, we will retain all right, title, and interest in and to the Website
and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any
access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you
in writing by Illumina Skincare, no rights are granted to you. You agree to abide by any and all
additional copyright notices, information or restrictions contained in any part of the Website. The
compilation of the Content on the Website is the exclusive property of Illumina Skincare.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance
with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content,
whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized
by us in writing, you may not (either directly or through the use of any software, device, internet
site, web-based service or other means) download, stream capture, store in a database, archive or
otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit
or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or
sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content.
In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in
writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an
index of any significant portion of the Content; or otherwise creating derivative works or materials
that otherwise are derived from or based in any way on the Content, including mash-ups and similar
videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and
merchandise. This prohibition from creating derivative works is applicable even if you intend to give
away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by Illumina Skincare or its affiliate(s).
Except as stated herein, none of the material contained in the Website may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the
prior written consent of Illumina Skincare. Permission is hereby granted to view, copy, print and
download the materials on the Website for personal, noncommercial use only, provided such materials are
used solely for informational purposes, and all copies, or portions thereof, include this copyright
notice. Illumina Skincare may revoke any of the foregoing rights at any time. You may not, without
Illumina Skincare’s prior written consent, "mirror" any material contained on the Website on any other
server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded
and printed materials obtained from any Website. Any unauthorized use of any material contained on the
Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered
or unregistered Trademarks of Illumina Skincare. Nothing on the Website shall be construed as granting,
by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website
without the prior written consent of the Trademark owner. The name of Illumina Skincare or any Trademark
may not be used in any way including in any advertising or publicity pertaining to distribution of
materials on the Website without the prior written consent of Illumina Skincare. Illumina Skincare
prohibits the use of any Illumina Skincare logo and Trademark as a "hot" link to any web site unless
establishment of such link is approved in advance by Illumina Skincare in writing.
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as
notices, disclosures, agreements, and other communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same force and effect as if they were in
writing and signed by the party sending the communication.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void.
Illumina Skincare and its affiliates may, in their individual discretion, transfer, without further
consent or notification, all contractual rights and obligations pursuant to these Terms if some or all
of Illumina Skincare’s business is transferred to another entity by way of merger, sale of its assets or
otherwise.
22. NO WAIVER
No waiver by Illumina Skincare of any term or condition set forth in these Terms 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 by Illumina Skincare to assert a right or provision under these Terms shall not constitute a
waiver of such right or provision.
23. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not
affect the validity and enforceability of any other remaining provisions.
24. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 12-16, 19-25, as well as any
representations, warranties, and other obligations made or taken by you, shall survive the termination
of this Agreement.
25. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect
to the Website constitute the entire agreement and understanding between you and Illumina Skincare and
supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation
of these Terms or the Agreement shall not be construed against the drafting party.
26. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase. Additional
information can be located on our Website.