Last Revision Date: October 2nd, 2019  


Welcome! You are reading these Terms because you are using an ELEMENTARY SKINCARE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of ELEMENTARY SKINCARE’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device. These Terms create a legally binding agreement between you and ELEMENTARY SKINCARE and its affiliates (which we may refer to as “ELEMENTARY SKINCARE,” “we,” “us,” or “our”) regarding your use of the Platform. Please review our List of Local Entities for the name of the ELEMENTARY SKINCARE entity responsible for providing the Platform to you and the appropriate contact information. A few important points: Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Privacy Policy. Our Privacy & Cookies describes the collection and use of personal information on the Platform and applies to your use of the Platform.  


Eligibility. You are only eligible to use the Platform if you are of legal age or if you have consent from your parent or guardian. Rules for Registration. When you register for an account with us, the following rules apply: - Provide accurate and current registration information. - Keep your registration personal. Do not register for more than one ELEMENTARY SKINCARE account, register an ELEMENTARY SKINCARE account on behalf of someone else, or transfer your account. - Keep your username, password, and other login credentials secure and do not allow anyone else to use your account. - Inform ELEMENTARY SKINCARE immediately of any unauthorized use of your ELEMENTARY SKINCARE account. You are responsible for anything that happens through your ELEMENTARY SKINCARE account – with or without your permission. - TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ELEMENTARY SKINCARE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  


Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by ELEMENTARY SKINCARE or others we license Content from, and is protected by copyright, trademark, patent and other laws. ELEMENTARY SKINCARE reserves all rights not expressly described in these Terms. All trademarks, service marks and trade names (e.g., the ELEMENTARY SKINCARE name and its logo) are owned, registered and/or licensed by ELEMENTARY SKINCARE. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. To the extent ELEMENTARY SKINCARE approves the download or use of Content comprised of copyrights or copyrightable works, ELEMENTARY SKINCARE grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as ELEMENTARY SKINCARE makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. ELEMENTARY SKINCARE reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. ELEMENTARY SKINCARE reserves the right to take down any Content in violation of these terms or ELEMENTARY SKINCARE’s intellectual property rights. ELEMENTARY SKINCARE allowing you this limited use does not constitute a waiver of any of ELEMENTARY SKINCARE’s rights to the Content. Outside of the specific usage rights granted to you by ELEMENTARY SKINCARE in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without ELEMENTARY SKINCARE’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.  


User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” ELEMENTARY SKINCARE is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to ELEMENTARY SKINCARE as described below: - You represent that you have the right to post your User Content, and you grant ELEMENTARY SKINCARE a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. ELEMENTARY SKINCARE may, in its sole discretion, remove any User Content at any time - You understand that deleted User Content may persist in ELEMENTARY SKINCARE’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. License to Use Comments, Feedback, and Ideas. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to ELEMENTARY SKINCARE a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.  


We’re excited to have you contribute to the ELEMENTARY SKINCARE community. Here are a few basic rules: - Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. - Do not do anything that may expose ELEMENTARY SKINCARE or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform. - Do not use any data mining, robots, scraping or similar data gathering methods. - Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s. - Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.</lip - Do not collect or solicit personal information from other Platform users or send unsolicited messages. - Do not use automated technology to interact with the Platform. - Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. ELEMENTARY SKINCARE has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so. - Do not impersonate any person or organization, including ELEMENTARY SKINCARE employees.  


From time to time, ELEMENTARY SKINCARE may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean ELEMENTARY SKINCARE endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. ELEMENTARY SKINCARE is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.  


From time to time, ELEMENTARY SKINCARE may sponsor sweepstakes, giveaways, and promotions ("Sweepstakes"). By participating in these Sweepstakes and/or promotions, each participant unconditionally accepts and agrees to comply with and abide by the following Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. ELEMENTARY SKINCARE is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Participants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. ELEMENTARY SKINCARE may be reached by email at [email protected] during the Promotion Period. Open to legal residents of the United States who are eighteen (18) years of age or older. ELEMENTARY SKINCARE, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees ("Promotion Entities"), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. Prizes will be announced for each Sweepstake. This Sweepstakes is open to legal residents of the United States and the Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.

HOW TO ENTER: Enter the Sweepstakes during the Promotion Period online by visiting the entry form, which can be found on the corresponding social media network under ELEMENTARY SKINCARE profile. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Sweepstakes.

WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted about WINNER ANNOUNCEMENT TIMEFRAME after the Promotion Period by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. Winner will be notified by email at the email address provided in the Entry Information approximately WINNER NOTIFICATION TIMEFRAME after the random drawing. Potential Winner must accept a prize by email as directed by Sponsor within WINNER ACCEPTANCE TIMEFRAME of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor. Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted at www.goelementary.com/privacy. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment, including use in a publicly available Winners list.

SOCIAL NETWORK DISCLAIMER: A social network account may be required to enter. If you don’t already have an account, visit the corresponding social network to create one. It is free to create an account. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. By participating via social media platforms, participants are also subject to their data policy and terms of use, which can be found on each social media network website.



The Platform may include features that promote skincare routines, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Consider the risks involved and consult with your medical professional before engaging in any skincare routines. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ELEMENTARY SKINCARE IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE PLATFORM. The Platform, Content, and the materials and products on this Platform are provided "AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. ELEMENTARY SKINCARE does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. To the fullest extent permitted by law, ELEMENTARY SKINCARE disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise. We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.  


ELEMENTARY SKINCARE may terminate or modify any ELEMENTARY SKINCARE Platform, member program, product or service at any time without notice. ELEMENTARY SKINCARE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to ELEMENTARY SKINCARE, subject to applicable law. You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. These Terms remain in effect even after your account is terminated or you have stopped using the Platform.  


We want you to enjoy our Platform, but ELEMENTARY SKINCARE must also protect itself from any damages you may cause. Indemnification and Release. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless ELEMENTARY SKINCARE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “ELEMENTARY SKINCARE Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the ELEMENTARY SKINCARE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform. Limitation of Liability. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. NONE OF THE ELEMENTARY SKINCARE PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A ELEMENTARY SKINCARE EVENT OR ELEMENTARY SKINCARE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF ELEMENTARY SKINCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST ELEMENTARY SKINCARE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF ELEMENTARY SKINCARE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, ELEMENTARY SKINCARE'S LIABILITY SHALL NOT EXCEED US$100.00.  


Choice of Law/Jurisdiction. You agree that this Platform is a passive platform solely based in New York, USA, which does not give rise to personal jurisdiction over ELEMENTARY SKINCARE in jurisdictions other than New York. You agree that the Platform, Terms, Privacy Policy and any dispute between you and ELEMENTARY SKINCARE shall be governed in all respects by New York law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of ELEMENTARY SKINCARE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York County, New York, USA. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of New York County, New York. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law. Electronic Communications. By using the Platform, you agree to receive certain electronic communications from ELEMENTARY SKINCARE, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that ELEMENTARY SKINCARE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Right to Assign, No Waivers, Severability. ELEMENTARY SKINCARE may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. ELEMENTARY SKINCARE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or ELEMENTARY SKINCARE’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.