Obagi Website Terms and Conditions

Terms of Use

Obagi Medical Products, (referred to as “OMP, Inc.”, “Obagi System”, “we”, “us” and “our”) created www.obagi.com, hereafter referred to as the “Site”, in order to provide you with information and educational resources regarding OMP, Inc. products. Please read the following Terms of Use before you begin exploring the Site. The Terms of Use will explain and outline the legal agreement between you - hereafter referred to as the “visitor” - anytime you choose to view or access any portion of the Site, whether for personal, business or other use not explicitly outlined in the legal agreement and OMP, Inc. - the exclusive owner and operator of the Site and all contents available therein.

The information contained in this Site is for general informational and educational resources. Your access to and use of the information contained in the Site is subject to this Terms of Use Agreement. By accessing and using this Site, you accept, without limitation or qualification, this Terms of Use Agreement. Any unauthorized, improper and/or illegal use of the Site or any contents available therein, will result in the exercise of any and all remedies available by law.

Visitor Responsibility. The visitor assumes complete responsibility for any and all risks associated with using or accessing the Site. This includes, but is not limited to, computer viruses infecting the visitor's computer and/or other electronic equipment. Furthermore, be advised that OMP, Inc. makes no guarantee that connection to the Site will occur in a timely manner or that the connection to the Site will not become interrupted.

Thus, the visitor agrees that at no time shall any OMP, Inc. owner, affiliate, director, officer, employee, agent, representative, licensor, contractor and/or their respective heirs be held liable for damages of any kind related to or arising from access or use of this Site.

Keep in mind that OMP, Inc. reserves the right to revise, suspend or discontinue any portion of the website without notice.

Limited License. OMP, Inc. retains all rights to copyrighted materials, trademarks, brand names, product formulas, logos, labels and packaging available and displayed on the Site. The visitor agrees not to infringe on these rights for any reason.

You are granted a limited, non-exclusive license to print copies of copyrighted, trademarked and other registered and marked items displayed or accessed via this Site for non-commercial and personal use only. You are however, prohibited from transferring, copying, downloading, modifying, selling licensing and creating any derivative work of any materials available on the Site.

Your limited license does not extend to a transfer of title to any of our materials. All materials displayed on the Site are the sole property of OMP, Inc. and are protected by state and U.S. Federal and International Copyright and Trademark Laws. OMP, Inc. reserves the right to restrict and/or revoke your limited license and/or use of the Site and any and all materials contained therein. Please be advised that OMP, Inc. will aggressively protect and enforce its intellectual property rights to the fullest extent of the law.

Medical Information. OMP, Inc. describes its Systems, products and indications, however, information provided on the Site with respect to any medical treatment 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 profession. OMP, Inc. makes no guarantee about the accuracy, reliability, timeliness or completeness of any material accessible through this Site. As such, we are not authorized to answer or otherwise respond to e-mails or other correspondence requiring a medical opinion. Always seek advice and treatment from a physician or other healthcare professional.

Third Party Web Sites and Links. OMP, Inc. may provide links to external websites including but not limited to Obagi International Distributor websites. Such links are provided merely as a convenience. Similarly, this Site may be accessible from third party links over whom OMP, Inc. has no control. Access to or from such websites are strictly at your own risk and subject to the Terms and Conditions of said websites. OMP, Inc. is not liable for any damages or loss caused by, allegedly caused by or connected with any purchase or use of any goods or services provided by such external websites. OMP, Inc. makes 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. Inclusion of any third party link does not imply an endorsement or recommendation by OMP, Inc.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Internet Privacy Policy, any communication or other material that you send to us through the internet or post on the Site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and OMP, Inc. shall have no obligation of any kind with respect to such information. OMP, Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Privacy. OMP, Inc. respects the privacy of its Site visitors. Please refer to OMP Inc.'s Privacy Policy that explains visitors' rights and responsibilities with respect to information that is disclosed on this Site.

Governing Laws. This Terms of Use Agreement 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.

Indemnification. You agree to indemnify, defend and hold harmless OMP, Inc., its 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.

Miscellaneous. If any provision of these Terms of Use are held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. OMP, Inc. reserves the right to alter or delete materials from this Site at any time and at its own discretion.

Disclaimers. OMP, Inc. owns and operates the Site, www.obagi.com, from its corporate headquarters in Long Beach, California. The materials available on the Site are compliant with and governed by the rules and regulations of the State of California and are approved for use within the United States only. Site visitors outside of the United States who choose to access the Site and use its contents in any way are responsible for compliancy within their own legal jurisdictions. OMP, Inc. shall remain free of any liability connected to international visitors using this Site and/or any information contained therein.

© Copyright 2005, Obagi Medical Products, Inc. All rights reserved.