Colorescience Terms & Conditions of Use

Colorescience Terms and Conditions of Use

Last Updated: April 8, 2025

These Terms and Conditions of Use ("Terms of Use") constitute a legally binding agreement between you and Colorescience, Inc. (including any of its subsidiaries or corporate affiliates, collectively, "Colorescience," "we," "us," or "our") and govern your access to and use of our websites and other online services or applications that link to these Terms of Use (each a "Site") and the content, features, materials, programs and services, including our Rewards Programs, such as Lasting Beauty Rewards, and other offerings we make available through the Sites (collectively with the Site, the "Services"). By accessing or using the Services, you agree that such use is legally sufficient consideration under these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, OR BY CLICKING A BOX THAT INDICATES YOU ACCEPT OR AGREE TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE, MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF ANY SERVICES AND YOU MUST NOT ACCESS OR USE ANY SERVICES.

IMPORTANT – ARBITRATION AGREEMENT – PLEASE READ:

SECTION 22 OF THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; (3) A WAIVER OF A JURY TRIAL; AND (4) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES.

We reserve the right to revise these Terms of Use at any time. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS OF USE. We encourage you to review these Terms of Use periodically.

  1. Eligibility
  2. Modifications
  3. Orders; Terms of Sale
  4. Product and Pricing Information
  5. Limited License Grant and Ownership
  6. License Limitations and User Conduct
  7. Registration and Accounts
  8. Gift Cards and Promotions
  9. Rewards Programs
  10. Billing and Payments
  11. Text Messaging
  12. Disclaimer of Medical Advice
  13. Warranty Disclaimer
  14. Limitation of Liability
  15. Indemnification
  16. Privacy
  17. Third-Party Links and Services
  18. Feedback
  19. User Content
  20. Notice and Procedure for Making Claims of Copyright Infringement
  21. Governing Law
  22. Disputes, Arbitration, and Class Action Waiver
  23. Other Terms, Conditions, and Policies
  24. Termination
  25. Severability and Waiver
  26. Notice
  27. Export Control
  28. Assignment
  29. Additional Terms for Users in Certain States
  30. Contact Us

  1. Eligibility

    You may only access and use the Services if you are at least the age of majority in your state or province of residence (which is usually 18 years or age or older), or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Services. By accessing or using any of the Services, you acknowledge you meet each of these qualifications. If you do not meet any of these requirements, you may not access or use any Services. Our Services are not available to any users we previously removed from our Services.

  2. Modifications

    We reserve the right, at any time in our sole discretion, to modify the Services. We also reserve the right, at any time in our sole discretion, to modify these Terms of Use. When we make revisions, we will post them on the Site and update the "Last Updated" date at the top of the page. It is your responsibility to review these Terms of Use periodically. If we make changes that are significant, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Site. Unless otherwise indicated by us, revisions will be effective immediately upon posting. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS OF USE.

  3. Orders; Terms of Sale

    By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old or are under the supervision and consent of a parent or guardian, and legally able to enter into a contract; (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

    When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.

    We reserve the right to: (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (iii) change or update information in connection with any products or services offered; and (iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. In addition, we may contact you via such contact information if we wish to notify you of product recalls related to products made available through the Services.

    We reserve the right to limit, reject, modify, or cancel orders for any reason or no reason, including if we determine or suspect, in our sole judgment, that (i) the order appears to be placed by unauthorized parties, including resellers, or (ii) there is fraudulent activity in connection with such order.

    If your payment method has already been charged for an order that is later modified or cancelled, Colorescience shall issue you a refund in the amount of the price you paid back to your original method of payment. We apologize for any inconvenience this may cause you.

  4. Product and Pricing Information

    All prices and products advertised on the Services, including rewards programs and subscription terms and offers, are subject to change. This Services may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to modify, cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

    All prices displayed on the Services are quoted in US Dollars ($).

    Shipping costs are applied per order and depend on where your order is shipped to and by which method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed during checkout.

    The images and descriptions of the products on our Services are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the actual colors or other appearances of the product(s). We do not warrant that the descriptions, colors, information, or other Content available on the Services are accurate, complete, reliable, current, or error-free. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Services.

  5. Limited License Grant and Ownership

    Subject to your agreement to and continuing compliance with these Terms of Use, we grant you a limited license to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings or descriptions; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

    The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials (collectively, "Content"), are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Colorescience and/or its licensors own all right, title and interest in and to the Services and Content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Colorescience’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Colorescience (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Colorescience, and (ii) only use such information for the purposes of using the Services provided by Colorescience hereunder. The Services are © 2003-2025. Colorescience, Inc. All rights reserved.

    Except as permitted above, the Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Colorescience. You may not use any meta tags or any other "hidden text" utilizing Colorescience's name or trademarks without the express written consent of Colorescience. Any unauthorized use terminates the permission or license granted by Colorescience.

    We reserve the right to change any information, features and functions of the Services without prior notice. We may refuse service, terminate Accounts and/or deny access to any or all parts of the Services if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party. Use of the Services for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

  6. License Limitations and User Conduct

    The Services and the Content are intended solely for personal and non-commercial use by you. Any use of the Services or the Content other than for personal and non-commercial purposes is prohibited.

    While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. The license granted in these Terms of Use does not grant you the right to, and is contingent on your agreement that you will not, under any circumstances:

    • modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, without our express written consent;
    • duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
    • use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
    • use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, Accounts registered to other users, or the computer systems or networks connected to the Services;
    • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, "mines," scrapes or otherwise accesses the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same;
    • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    • use the Services for illegal, harassing, unethical, or disruptive purposes;
    • use the Service in any way that would affect us adversely or reflect negatively on us, the Services, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services; or
    • use the Services in any way not expressly permitted by these Terms of Use or applicable law.

    You agree that you will not perform any of the above in connection with your use of the Services.

  7. Registration and Accounts

    To register an account on our Services (an "Account"), you must (i) be at least 18 years of age (or the age of legal majority in your state or province of residence), (ii) use your valid email address, and (iii) complete the additional required information.

    YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL AND PURCHASE OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

    You are solely responsible for protecting the security and confidentiality of your Account. You shall immediately notify us of any unauthorized use of your Account or any other breach or threatened breach of the Services’ security.

    When you register for an account, you are automatically enrolled in our Lasting Beauty Rewards program. Click here for more information on Lasting Beauty Rewards Terms and Conditions.

    At the time of your first order, we will request your shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COLORESCIENCE. We do not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. We reserve the right to terminate Accounts in our sole discretion.

    As an Account holder, you may also be given the option to purchase a subscription membership through the Services. Such subscriptions may be subject to additional terms and conditions provided to you by us, including regarding types of membership plans available, cancellation policies, length of subscription terms, and promotional offers available only for subscribed members.

    To cancel your Account, please contact us at:

    Colorescience, Inc.

    2141 Palomar Airport Road, Suite #200

    Carlsbad, CA 92011

    Email: concierge@colorescience.com

    Phone: 760-406-5572

    Please note that if you cancel your Account, you will no longer have access to your order history and other account features. Cancelation of your account will also terminate your membership in the Lasting Beauty Rewards program.

  8. Gift Cards and Promotions

    In certain instances, we may allow you to redeem Colorescience gift cards ("Gift Cards") towards the purchase of certain eligible products or services on the Services. We reserve the right to designate specific products or services as ineligible for purchase using Gift Cards. We assume no responsibility for any lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchase amounts that exceed your Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards issued after October 1, 2005 do not expire and may be applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 expire in accordance with their stated terms.

    Any and all offers or promotions advertised or made available on the Services are void where prohibited, and are subject to the posting of additional rules and conditions that may apply to such offers or promotions, including by third parties that may be operating such promotions.

    Colorescience reserves the right to close Accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Services.

  9. Rewards Programs

    The Services may include one or more loyalty rewards programs (each, a "Rewards Program"), including our current program called Lasting Beauty Rewards, where Account holders can accumulate and redeem loyalty rewards points ("Points"), on an individual basis and solely for their own Account. The Rewards Programs may be structured to offer certain benefits based on an Account’s current balance of "redeemable" Points (that is, Points that have not previously been redeemed and have not expired) or "lifetime" Points (that is, all prior Points accumulated by an Account holder, whether previously redeemed or not). Each Rewards Program may be governed by additional terms and conditions ("Reward Program Terms"), which are incorporated herein by reference. These Terms of Use are incorporated into the Rewards Program Terms.

    Click here for more information on Lasting Beauty Rewards Terms and Conditions.

  10. Billing and Payments

    We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover.

    You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, our Concierge team may contact you directly to update your Account information.

    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.

    The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion.

    If you would like to exchange or return a product, please contact us by chat, email or phone at the details below: https://www.colorescience.com/customer-service.

    If you would like to exchange your product for a different one, we'll happily accommodate you under our exchange policy. Our team will immediately ship out the product you’d like and give you up to ten business days to return the product with which you were not satisfied. (Please note: as with returns, exchanges may be subject to a restocking fee).

  11. Text Messaging

    If you have opted-in to receive promotional offers or transactional correspondence from us sent to your mobile device (each, a "Text Message Program"), we may send you a text message with such communications to the mobile number you provided to us.

    By opting into a Text Message Program, you:

    • Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
    • Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
    • 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 into the Text Message Program.
    • Consent to the use of an electronic record to document your opt-in.

    While you consent to receive messages sent using automated technology, these Terms of Use shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

    Message and data rates may apply. Depending on your text plan, you may be charged by your carrier.

    You may stop receiving text messages from Colorescience by texting "STOP" to any of the text messages you have received from us. After texting "STOP" to Colorescience, you may receive one additional text message from Colorescience confirming that you have been unsubscribed. Carriers are not liable for delayed or undelivered messages.

    If you need assistance at any time, or you forget what keywords are supported, just text "HELP" to the number sending the text message you received from us.

  12. Disclaimer of Medical Advice

    IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.

    No information contained on the Services is provided with the intention to give medical advice or instructions on the accurate use of our products.

    THE CONTENT CONTAINED ON SOME OF THE SERVICES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THE SERVICES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

    ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.

  13. Warranty Disclaimer

    EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES (INCLUDING THE CONTENT) AND THE PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLORESCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COLORESCIENCE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MALICIOUS CODE. COLORESCIENCE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COLORESCIENCE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  14. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION, COLORESCIENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS ON THE SERVICES, EVEN IF COLORESCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  15. Indemnification

    You agree to indemnify, defend and hold Colorescience, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damage awards, and settlement amounts), resulting from any claim, action, or demand relating to (i) your access and/or use of any Services, (ii) you User Content or other information you provide to us in connection with the Services, (iii) any activity related to use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your Account, (iv) your breach of any representation, warranty, or other provision of these Terms of Use; or (v) your violation of any applicable law, rule or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  16. Privacy

    Please review our privacy policy, available at https://www.colorescience.com/privacy-policy ("Privacy Policy") for details about our privacy practices and how we process your personal information.

  17. Feedback

    We welcome your feedback and comments regarding our products and services. By sending us feedback, including but not limited to ideas, concepts, know-how, suggestions, proposals, or techniques (collectively, "Feedback"). If you send us any Feedback, whether solicited or not, you acknowledge and agree that (i) we may treat the Feedback to be non-confidential and non-proprietary in each instance and in all respects, (ii) we shall have the right to use and exploit such Feedback in any manner and for any use without any further obligation to you as the submitter of the Feedback; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. All Feedback made by you shall be the sole property of Colorescience and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Feedback you submit and you have no right to compel such use. You hereby irrevocably waive, release and give up any claim that any use of such Feedback violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

    PLEASE DO NOT SEND US ANY FEEDBACK OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

  18. User Content

    You may be permitted to post reviews, comments, data, photos, images, and other materials or content on or through the Services ("User Content"). You may not submit User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), inaccurate, slanderous, misleading, or otherwise injurious to third parties or objectionable. You may not submit User Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

    You hereby irrevocably grant to Colorescience the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, sublicense (including to other users of the Services), translate, incorporate, create derivative works from, distribute and otherwise use your User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. As part of the foregoing license grant, you agree that other users of our Services will also have the right to view your Use Content and/or to use, publish, display, or modify your User Content through their use of the Services. By submitting User Content to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

    To the maximum extent possible under applicable law, Colorescience takes no responsibility and assumes no liability for any User Content posted, published, displayed or uploaded by you on the Services, or for any loss or damage thereto. Colorescience has no obligation to screen, edit or monitor any of the User Content posted, published, displayed or uploaded to or through the Services, but we do reserve the option and right, at our sole discretion, to remove or modify any User Content posted or stored on the Services in our sole discretion and without any prior notice of any type.

    You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to submit Feedback or User Content does not place us in a position that is any different from the position held by members of the general public with regard to your Feedback or User Content. You understand and acknowledge that we have broad access to ideas, products, designs, and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own personnel. Many submissions that we receive or ideas, products, designs, and materials that are independently developed by us may be competitive with, similar or identical to your Feedback or User Content. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

    You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Feedback or User Content you submit, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

  19. Governing Law

    These Terms of Use, including your use of the Services, shall be governed in all respects by the laws of the state of California, U.S.A. and the AAA Rules as modified herein, without regard to choice of law provisions. You and Colorescience agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Services must commence within one (1) year after the cause of action arises.

  20. Disputes, Arbitration, and Class Action Waiver

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

    ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

    Disputes: Colorescience is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Concierge team at https://www.colorescience.com/customer-service. However, if you are dissatisfied with our customer service’s resolution of your matter, these Terms of Use provide that disputes will be resolved in binding arbitration or small claims court in accordance with the terms set forth in this section ("Arbitration Agreement").

    Agreement to Binding Arbitration: We and you agree that any dispute, claim, or controversy between us (each, a "Dispute") shall be resolved by binding arbitration before a single arbitrator. The types of Disputes we agree to arbitrate are intended to be broadly interpreted and include, without limitation:

    • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes, without limitation, your use or attempted use of the Services all matters relating to or arising from these Terms of Use, our Privacy Policy, or any other agreements between you and us, including, the validity and enforceability of this Arbitration Agreement.
    • Claims that arose before these or any prior versions of our Terms of Use (including, but not limited to, claims relating to advertising).
    • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
    • Claims that may arise after termination of these Terms of Use.

    For the purposes of this Arbitration Agreement, references to "Colorescience", "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us.

    Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. Further, this arbitration agreement does not govern any claim by Colorescience for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use.

    JURY TRIAL AND CLASS ACTION WAIVER: Any Dispute must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). YOU AND COLORESCIENCE EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. If a Dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND COLORESCIENCE UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION. IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

    Seeking Arbitration: A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Colorescience should be addressed to: Notice of Dispute, Colorescience, Inc., 2141 Palomar Airport Road, Suite #200, Carlsbad, CA 92011("Notice Address"). The Notice must (i) describe the nature and basis of the Dispute and (ii) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the Dispute within 30 days after the Notice is received by us, you or Colorescience may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Colorescience or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Colorescience is entitled.

    Rules: The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Use. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

    Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of a Dispute are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Colorescience. You and we agree that in any arbitration of a Dispute, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.

    Fees: Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

    Injunctive Relief: The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Use provide or award punitive damages or any other damages not measured by actual damages.

    Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

    30 Day Right to Opt Out: If you do not want to arbitrate disputes with Colorescience and you are an individual, you may opt out of the Arbitration Agreement by sending written notice to the following email: legal@colorescience.com, using the subject line "Arbitration Opt-Out." The notice must be sent within thirty (30) days of the date you first access or use the Services.

    California Residents: If you are a California resident, you will not be required to pay the fees and costs incurred by the opposing party if you do not prevail.

  21. Other Terms, Conditions, and Policies

    Additional terms, conditions, and/or policies may apply to use of specific portions of the Services and to the purchase of certain products or services and are included as part of these Terms of Use, whether they reference these Terms of Use or not.

    Any sweepstakes, contests, coupons, rebates, or other promotions made available through the Services may be governed by specific rules that are separate from these Terms of Use. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

  22. Termination

    The Services and these Terms of Use are effective unless and until terminated by either you or Colorescience. You may terminate these Terms of Use as they apply to you by providing written notice of termination, including your detailed contact information, to us using the information in the Contact Us section below. Colorescience may terminate these Terms of Use, and accordingly deny you access to the Services, for any reason in its sole discretion, by notifying you using any contact information we have about you or by posting such termination on the Services. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

    The provisions in these Terms of Use that relate to intellectual property, indemnification, disclaimer, limitation of liability, governing law, and disputes, as well as any other provisions that by their nature should survive, shall survive any termination of these Terms of Use.

    Upon termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. Termination of these Terms of Use will end your participation in any Reward Program and forfeit any benefits you have accrued thereunder. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.

  23. Severability and Waiver

    If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Use shall remain in full force and effect. The failure of Colorescience to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

  24. Notice

    You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms of Use refer from us electronically including without limitation by e-mail to your last known e-mail address (any such notice shall be deemed given and received on the day it is sent) or by posting notices on the Services. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such

  25. Export Control

    You may not use the Services or export the Content in violation of U.S. export laws and regulations. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.

  26. Assignment

    We may assign these Terms of Use at any time with or without notice to you. You may not assign or sublicense these Terms of Use or any of your rights or obligations under these Terms of Use without our prior written consent.

  27. Additional Terms for Users in Certain States

    California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    New Jersey Residents: If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) the Disputes, Arbitration, and Class Action Waiver section and the Governing Law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

  28. Contact Us

    You may contact us regarding the Services or these Terms of Use at:

    Colorescience, Inc.
    2141 Palomar Airport Road, Suite #200
    Carlsbad, CA 92011
    Email: concierge@colorescience.com
    Phone: 760-406-5572

    ©2003 – 2025 Colorescience, Inc. All Rights Reserved.