Terms & Conditions

Effective Date: September 30, 2016

This website (“Site”) is the property of The Proactiv Company Sàrl (“Company”). Please read these terms of use (“Terms”) before using this Site. Individuals must be 13 years of age or older to use this Site and you warrant that you are 13 years of age or older. By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.

The Site provides general educational information about acne and dermatology, treatment approaches, and skin care tips. From time to time, the Site may also include advertising content created by Company or its affiliates for the purpose of promoting certain of their products. In these instances, Company will endeavor to include appropriate disclosures advising you that the content is intended for this purpose.

Copyright and License

Copyright covers most of the content of the site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof are the property of Company, ALL RIGHTS RESERVED Copyright © 2016 The Proactiv Company Sàrl and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:

  • Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
  • Sell, market, distribute, or make commercial use of the Site or any Content.
  • Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
  • Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company, its affiliates, or any third party.

Trademarks and Service Marks

The name of Company, and all other names, logos, or slogans used on the Site to identify our services, are trademarks or service marks of Company (or, in a few cases, our affiliates or licensors). Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Metatags or any other “hidden text” utilizing the name of Company, or any other name, logo or slogan of Company, without our permission. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks and service marks, including company names, product names and logos mentioned herein, are the property of their respective owners.

Privacy

By using cookies and other methods, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. Static IP addresses are considered personal information. For mobile users accessing the Site, we automatically collect your Unique Device Identifier which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a Static IP address or a UDI. For more information regarding Company’s privacy policy, please visit our privacy page.

Links

Company may provide links to websites and other content as a service to those interested in this information. We are providing these links as a convenience to you. When leaving this Site, you should be aware that this Site’s Terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

No Warranties

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, OR CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE AGENTS, SUCCESSORS, ASSIGNS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES (COLLECTIVELY THE “RELEASED PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.

Indemnification

In using this Site users (or if a minor, his/her parent or legal guardian) expressly waive any and all claims that they may have against Company and its affiliates. You agree to indemnify, defend, and hold the Released Parties harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.

Governing Law

The parties agree that the substantive law governing this agreement, including any claim, dispute, or controversy arising between Company and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of the State of California, without giving effect to any conflict of law provisions thereof.

ARBITRATION

Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Los Angeles, State of California.  You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the Federal Arbitration Act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS international arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the Terms and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction.
Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased.

You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing at by sending a written description by certified mail to The Proactiv Company Sàrl, Avenue de Gratta-Paille 2, 1018 Lausanne, Switzerland; Attn: General Counsel within 30 calendar days from the date of first use of the Site. Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.

Copyright© 2016 Nestlé Skin Health S.A. and its affiliates. All rights reserved.