Information
Obagi terms, conditions, and policies — in one place.
Terms of service
TERMS OF USE
Effective as of February 1st, 2021.
Thank you for visiting Obagi.com which we refer to as the “Site.” The Site is owned and operated by Obagi Cosmeceuticals (referred to as “Obagi” “we”, “us” and “our”). These Terms of Use, our Privacy Policies (Online Privacy Policy and California Privacy Policy, if applicable) Online Ordering and Return Policy each as may be amended from time to time, as well as any other rules or restrictions posted on the Site, apply to you whenever you view, access or otherwise use the Site.
Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. Even if you "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these terms. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use the Site. Any unauthorized, improper and/or illegal use of the Site or any contents available therein, will result in the termination of your license to use the Site.
The Site is intended for and directed to residents of the United States and Puerto Rico. All information, advertising and claims contained on the Site are valid in and applicable only to the United States and Puerto Rico. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.
Privacy Policies, Sales Policy and Return Policy
In addition to these Terms of Use, your use of the Site is also governed by our Online Privacy Policy, California Privacy Policy (if applicable), and Online Ordering and Return Policy, each of which is incorporated by reference herein.
Site Use and Content
Limited License to Use Site
All materials on this Site—including, for example, all of the images, photographs, illustrations, text, product descriptions, formats, logos, designs, icons, programs, and video or audio clips (collectively, the "Contents")—are intended solely for personal, non-commercial use. Obagi retains all rights to copyrighted materials, trademarks, brand names, product formulas, logos, labels and packaging available and displayed on the Site as well as on the Obagi products you purchase from this Site.
You are granted a limited, non-exclusive and revocable license to access and make personal use of this Site. This license does not include any resale or commercial use of the Site or Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Obagi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates without our express written consent. You may not use any meta tags, meta names or any other "hidden text" utilizing the name or trademarks of Obagi or our affiliates without the express written consent of Obagi. Any unauthorized, improper and/or illegal use of the Site or any Contents will result in the termination of your license to use the Site.
Copyright Protection
All Content appearing on the Site, including the site design, graphics, logos, icons, photographs, images, and audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of Obagi and/or its affiliates and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. The Content on the Site may be used by you as a shopping and/or information resource. Any other use, including downloading, uploading, copying, reproducing, modifying, distributing, transmitting, republishing, displaying, creating derivative works of, or performance of the Content is strictly prohibited. You may not provide links to images or text on our Site for commercial purposes without our express written consent. Upon request that you remove any link to the Site, you must immediately remove such link. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site, or use a link to our Site for commercial purposes, you may contact us at customerservice@obagi.com. We reserve the right, in our sole discretion, to condition or refuse to consent to the use of any or all of the Content at any time and in any manner. All rights not expressly granted herein are reserved.
Trademarks
Unless otherwise specified, “Obagi,” the Obagi logo, all product names, slogans and other logos are trademarks or trade names ("Marks") of Obagi and/or our affiliates. All other marks are the property of their respective owners. The use of any of our Marks without express written consent is strictly prohibited. Your access to this website should not be construed as granting, by implication, estopppel or otherwise, any license or right to use any Marks appearing on the website without the prior written consent of Obagi, or the third party that owns the Mark.
Medical Information
The Site contains information about the Obagi® products and various skin or other medical conditions and their treatment. However, this information is meant for informational purposes only and is not meant to act as a substitute for advice provided by a physician or other qualified healthcare professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any product is safe for you. Proper treatment of any condition depends on a variety of personal health factors and can best be assessed by a physician. In addition, before administering any over the counter drug, check product information (including package inserts) regarding dosage, precautions, warnings and interactions. Please consult with your skincare physician on which Obagi products are suitable for you and the instructions for proper use.
Product Descriptions
Obagi attempts to provide accurate and updated information with respect to the Obagi products available on the Site, however, we make no guarantee that the product descriptions and information on the Site are complete, accurate, timely or free from error.
Third Party Websites and Links
We may provide links to external, third party websites on the Site. Such links are provided merely as a convenience to you and do not in any way constitute or imply our endorsement, or recommendation of the third party, its information, products or services. Similarly, this Site may be accessible from third party links over which we have no control. Access to or from such websites are strictly at your own risk and subject to the terms of those websites. We recommend that you review the terms and policies applicable to those websites prior to your use. We make no warranties or representations of any kind as to the accuracy or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. We reserve the right to add, change or remove any link at any time.
User Information and Content
E-mail Communication
When you visit the Site or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.
Account Information
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree that you are solely responsible for all activities that occur under your account or password. We do not sell products for children; we will only sell Obagi products to adults. If you under 18, you may use the Site only with the involvement of a parent or guardian. All billing and registration information provided by you must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders at our sole discretion.
User Content
From time to time, you may have the opportunity to post certain information, data, photographs, graphics, videos messages or other materials, including but not limited to, comments on our products, ratings of our products, testimonials or other opinions. Subject to our Privacy Policy, any content that you post on the Site will be treated as non-confidential and non-proprietary to you, and may be viewed by you and other users of the Site, and you hereby grant to Obagi and its affiliates, the 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 no know or later developed for any purposes. You agree that you are the sole owner of the content. You acknowledge and agree that any content that you or any other user posts on the Site will be posted, viewed and/or used by you at your own discretion and risk. We make no guarantee regarding the accuracy or completeness of any content posted by a user of the Site. We reserve the right (but have no obligation), at our sole discretion, to modify, refuse or remove any user content that in our judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate or objectionable.
Quantity Limitations and Sales Restrictions
We reserve the right, at 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. We will provide notification to you should such limits be applied. Please note that certain orders constitute improper use of the Site and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” shall be defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Site Security and Prohibited Actions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,(1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
Disclaimer of Warranties and Limitation of Liability
NEITHER OBAGI NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT CONTENT OR INFORMATION ON THE SITE IS ACCURATE OR RELIABLE, AS TO THE QUALITY OF ANY MERCHANDISE PROVIDED ON OR THROUGH THE SITE, OR THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED. ALL INFORMATION AND MERCHANDISE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PHYSICIAN. IT DOES NOT COVER ALL POSSIBLE USES,PRECAUTIONS,SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY PRODUCT IS SAFE FOR YOU. ALWAYS CONSULT YOUR PHYSICIAN REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT OBAGI AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBAGI, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF OBAGI HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, IN SUCH STATES OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless Obagi, its affiliates, and their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.
Governing Law
This Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.
Dispute Resolution
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Los Angeles, California, except to the extent that you have in any manner violated or threatened to violate our intellectual property rights, in which case Obagi may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement will be conducted under the then prevailing rules of the American Arbitration Association. 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 these Terms of Use will be joined to any arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Obagi Cosmeceuticals LLC Photo Release Form
1. I hereby give and grant to Obagi Cosmeceuticals LLC, its affiliates, their respective employees, representatives, agents and assigns, or anyone authorized by any of the foregoing (collectively, “Obagi”), all rights, title and interest in and to, including but not limited to the unrestricted right and permission to copy any photographs or images, written materials, quotes or testimonials obtained by my healthcare provider in connection with my Skintrinsiq™ treatment(the “Materials”). I understand that my name, age, geographic or other information may be used by Obagi in connection with release of the Materials.
2. I hereby give and grant to Obagi, an unrestricted, royalty-free and perpetual right and license in copyright or otherwise to use the Materials for any and all lawful purposes whatsoever, including, without limitation, the copying, publication, exhibition or distribution of the Materials in publications, brochures, books, magazines, newspapers, television and radio publicity, posters and displays, and in any form of electronic media, including in blogs, websites, social media or elsewhere on the Internet, and/or in a CD or DVD, for commercial, medical, educational, promotional, advertising, display, marketing, or any other lawful purpose whatsoever. I expressly acknowledge and agree that my name and city and state of residence may be used on or with any of the Materials to identify me. I also expressly permit the use of any printed matters whatsoever in connection with the Materials, including information regarding the Obagi products I have used, acknowledging that such information may be deemed protected health information.
3. I acknowledge and understand that no payment or royalties of any kind are due to me in connection with the publication or use of the Materials by Obagi I expressly waive any and all rights, claims and/or interest that I now may have or hereafter might acquire with respect to any uses and activities by Obagi in connection with the Materials, including, without limitation, the right to any payment, royalties or other compensation of any kind arising from or related to the use of the Materials.
4. I agree that any or all of the Materials may be edited, amended, copied or altered in any way whatsoever, and they may be used in whole or in part for broadcasting or non-broadcasting, audio-visual, disk, streaming, downloading, closed circuit or other exhibition purposes, in any manner or media, whether now known or hereafter created, in perpetuity throughout the world. I expressly waive the right to inspect or approve the finished product featuring the Materials, or any of them, including, without limitation, written or electronic copy of any kind, that may be used in conjunction with the Materials, or the use to which any of them may be applied.
5. I hereby release, forever discharge, and agree to hold harmless Obagi from any and all claims, allegations, demands, causes of action or liabilities that may arise in connection with the publication, use or non-use of the Materials described above, including, without limitation, those involving right of publicity, libel, public display of private facts, false light, appropriation or invasion of privacy.
6. I represent and agree that I am an adult above the age of 18, and I have every legal right and authority to grant the rights and provide the consents and releases set forth herein without approval or consent of any other person or entity. I enter into this agreement freely and voluntarily, and I agree that I and my successors, assigns and heirs shall be bound by it.
Miscellaneous
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Obagi reserves the right to alter or delete materials from this Site at any time and at its own discretion.
