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Terms & Conditions

Terms of Website Use

Last updated: 31st July 2026

These Terms and Conditions (“Terms”) govern your access to and use of us.elemis.com (the “Site”), and any order you place through it. By accessing the Site or placing an order, you agree to be bound by these Terms. Please read them carefully, together with our Privacy Policy and Cookie Policy, before using the Site.

This website is owned and operated by ELEMIS, USA, Inc. (“ELEMIS”, “we”, “us” or “our”), a corporation with its principal place of business at 111 West 33rd Street, Suite 1910, New York, NY 10120.

These Terms apply to purchases made on us.elemis.com by consumers located in the United States, and by consumers located in Canada whose orders are shipped to a Canadian delivery address made available at checkout. If you are shopping from outside the United States or Canada, please visit the ELEMIS website applicable to your region.

PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH ELEMIS ON AN INDIVIDUAL BASIS, THROUGH FINAL AND BINDING ARBITRATION, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR JURY TRIAL, EXCEPT AS SET OUT IN THAT SECTION.

1. Using the Site

You may use the Site for lawful purposes only. You must not misuse the Site by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful.

You agree not to interfere with the normal operation of the Site, including by attempting to gain unauthorized access to any part of the Site, our systems or networks. We reserve the right to suspend or terminate your access if we reasonably believe you have breached these Terms.

We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access may be suspended, withdrawn or restricted at any time for operational, maintenance, legal or technical reasons. We may update or change the content or functionality of the Site at any time without notice.

2. Eligibility & Account Security

When you create an account on the Site, you are responsible for ensuring that the information you provide is accurate, completYou must be at least 18 years old, and legally capable of entering into binding contracts, to place an order on the Site. By using the Site, you represent and warrant that you meet these requirements.

When you create an account, you are responsible for ensuring that the information you provide is accurate, complete and kept up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us promptly at [email protected] if you believe your account has been compromised or used without authorization. We reserve the right to suspend or terminate accounts where we reasonably believe there has been misuse, unauthorized access, fraud, or a breach of these Termse and kept up to date. You are responsible for maintaining the confidentiality of your account login details and for all activities carried out through your account.

You must notify us promptly if you believe that your account or login details have been compromised or used without authorisation. We reserve the right to suspend or terminate accounts where we reasonably believe there has been misuse, unauthorised access, fraud or a breach of these Terms.

3. Placing an Order

All orders are subject to acceptance and product availability. A contract for the sale of goods is formed when we send you an order confirmation email; until that point, we may accept or decline your order at our discretion.

We make every effort to ensure that prices, product descriptions and availability on the Site are accurate, but errors may occasionally occur. If we discover a pricing, description or availability error affecting your order before dispatch, we will contact you and may cancel the order, in which case any payment already taken will be refunded in full.

We reserve the right to refuse or cancel any order, at any time before dispatch, where we reasonably believe the order is fraudulent, placed in breach of these Terms, intended for resale, or affected by a technical or pricing error.

4. Prices, Taxes and Payment

Prices are displayed in U.S. dollars and are exclusive of applicable sales tax unless otherwise stated. Sales tax is calculated based on the delivery address provided at checkout and will be added to your order total before you complete your purchase.

Payment must be made at the time of order using one of the payment methods made available on the Site. We use secure, PCI-compliant payment processing partners; we do not store full payment card numbers on our own systems.

If a payment cannot be verified, is declined by your card issuer, or is otherwise invalid, your order may be suspended or cancelled.

5. Delivery

We currently deliver to addresses in the United States and Canada that are shown as available at checkout. Estimated delivery times and applicable shipping charges are displayed before you complete your order and are estimates only.

Delivery times may vary due to your location, carrier delays, or circumstances outside our reasonable control. Risk of loss and title to products pass to you upon our delivery to the carrier, or, where required by applicable state law, upon your receipt of the products.

If your order cannot be delivered due to an incorrect address or other circumstances within your control, we will contact you where possible to arrange redelivery, which may be subject to an additional charge.

6. Returns, Refunds and Consumer Rights

There is no federal statutory “cooling-off” right for online retail purchases of this kind. Except as required by applicable state law, returns are governed by our voluntary Returns Policy, described below.

Our 30-Day Return Policy

ELEMIS offers an extended, voluntary return period of up to 30 days from the date of delivery. To be eligible, items must be unused, unopened, with all seals intact, and returned in their original packaging, together with proof of purchase. This is a goodwill commercial policy and does not limit any rights you may separately have under applicable law.

Faulty, Damaged or Misrepresented Items

If your order arrives damaged, defective, or not as described, contact Customer Care as soon as reasonably possible. Depending on the circumstances and applicable state warranty law (including, where applicable, the Magnuson-Moss Warranty Act and state implied-warranty statutes), you may be entitled to a refund, replacement or repair.

Refunds

Where a return is accepted, refunds are issued to the original payment method, generally within 14 days of our receipt and inspection of the returned item(s).

State-Specific Notices

Some states (including California, under Cal. Civ. Code § 1723) require retailers to conspicuously post their refund policy or, absent such disclosure, permit returns for a statutory period. This Returns Policy is posted on the Site and at checkout in satisfaction of those requirements.

7. Promotions & Special Offers

From time to time, ELEMIS may offer promotional discounts, welcome offers, birthday offers, free gifts, or sweepstakes and contests. All promotions are subject to availability and may be modified, withdrawn or replaced at ELEMIS's discretion, except to the extent already redeemed.

Free Gifts

Free gifts offered with qualifying purchases are subject to availability, are limited to one per order unless stated otherwise, have no cash value, and are non-transferable. If you return the qualifying item(s), we may require return of the associated free gift or deduct its value from your refund, to the extent permitted by applicable state law.

Welcome and Birthday Offers

Welcome offers are valid on a customer's first purchase only and are subject to exclusions communicated at sign-up. Birthday offers are issued once per calendar year to customers who have opted in to marketing and provided a date of birth. Both offer types are personal, non-transferable, cannot be redeemed for cash, and cannot be combined with other promotional codes unless expressly stated.

Sweepstakes and Contests

Any sweepstakes, contest or promotional game offered on the Site will be governed by its own official rules, which will be made available at the time of entry. No purchase is necessary to enter or win any sweepstakes offered by ELEMIS, and a purchase will not improve your chances of winning. Odds of winning depend on the number of eligible entries received. Void where prohibited. Where required by state law (including in Florida, New York and Rhode Island for sweepstakes exceeding statutory prize thresholds), applicable registration and bonding requirements will be observed.

8. Marketing Consent

For autodialed, automated or prerecorded telephone calls and text messages, we obtain your prior express written consent in accordance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations. Consent to receive marketing texts or calls is never a condition of purchase.

You may withdraw consent to marketing communications at any time by using the unsubscribe link in our emails, replying “STOP” to SMS messages, or contacting Customer Care. Withdrawal of marketing consent does not affect an existing order or your contractual relationship with ELEMIS. Commercial emails are sent in accordance with the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.

SMS Messaging Program

By opting in to the ELEMIS SMS Messaging Program, you agree to receive recurring automated promotional and personalised marketing text messages (e.g. SMS and MMS), including shopping cart reminders, product launches, promotions, and exclusive offers, sent by ELEMIS to the mobile number you provided. Messages may be sent using an automated telephone dialling system. Consent to receive marketing text messages is not a condition of any purchase.

Message frequency will vary depending on your interactions with ELEMIS and your preferences.

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect:

  • The mobile phone number you provided when signing up for the Messaging Service
  • Your SMS opt-in and consent records
  • Messaging history, including messages you send to us and messages we send to you
  • Any information you include in messages sent via the Messaging Service

We may also collect information using cookies or similar technologies. Cookies are pieces of information stored by your browser on your device's hard drive or memory, and enable personalisation of your experience. For example, we use cookies and similar technologies to:

  • Track items added to your shopping cart
  • Detect when a shopping session becomes inactive or is abandoned
  • Use that information to send triggered text campaigns, such as personalised shopping cart reminder messages, where you have expressly opted in to receive SMS marketing

No mobile information will be shared with third parties or affiliates for their marketing purposes.

All data collected in connection with the Messaging Service, including phone numbers and SMS consent, is used solely by ELEMIS to deliver the messages you have opted to receive and to comply with applicable legal and carrier requirements.

Message and data rates may apply, depending on your mobile carrier and plan.

How to Get Help

Reply HELP to any message for assistance, or contact us at 1-855-235-3647.

How to Opt Out

You can opt out of the Messaging Service at any time by replying STOP to any message.

After you send STOP, you will receive one final message confirming your opt-out. You will no longer receive marketing text messages from the ELEMIS SMS Messaging Program unless you opt in again.

Supported Carriers

The Messaging Service may not be available on all carriers or supported on all devices. ELEMIS, its service providers, and mobile carriers are not liable for delayed or undelivered messages.

Privacy

Your participation in the Messaging Service is subject to the ELEMIS Privacy Policy, available at: elemis.com/us/privacy-policy.

Changes to the Program

We reserve the right to modify or terminate the Messaging Service or these Terms at any time. Changes will be effective upon posting.

Contact Us

This Messaging Service is operated by:

ELEMIS, USA, INC.

111 West 33rd Street, Suite 1910

New York, NY 10120

9. Subscription Programme

(a) What is Subscription by ELEMIS?

Subscription by ELEMIS is a convenient way to receive selected ELEMIS products automatically on a recurring basis at a delivery frequency chosen by you.

Subscription orders are placed automatically and will continue until you cancel. The programme offers exclusive benefits, including discounts, complimentary gifts and free UK standard delivery, subject to these Terms.

(b) How to Join

You can join the Subscription programme by selecting the “Subscribe” option on an eligible product page or in your shopping bag and choosing your preferred delivery frequency before checkout.

Once your subscription order is placed, you will receive a confirmation email with details of your subscription and a link to manage it through your ELEMIS online account.

(c) Managing Your Subscription

You have full control over your subscription at all times. Through your online account, you may:

  • change your delivery frequency;
  • update quantities or delivery details; and
  • pause or cancel your subscription.

Changes must be made no later than 24 hours before the next scheduled shipment date. We will send you a reminder email approximately 10 days before each subscription order is due to ship. You will only be charged when your order is shipped.

(d) Subscription Benefits

Unless otherwise stated, all active subscriptions include:

  • 10% off the standard retail price of eligible subscription products;
  • free US standard delivery on all subscription orders; and
  • the ability to edit, pause or cancel your subscription at any time.

From time to time, ELEMIS may offer additional promotional benefits to subscription customers.

These apply to eligible subscription orders only and may vary over time. Current promotional benefits may include:

  • Welcome order: 10% off plus one complimentary gift
  • Second order: 10% off plus two complimentary gifts
  • Third order: 15% off
  • Fourth order: 10% off plus one complimentary gift
  • Fifth order: 10% off plus two complimentary gifts
  • Sixth order: 15% off

For clarity, “second order”, “third order” and subsequent order numbers refer to orders placed as part of your ongoing subscription after your initial welcome order, unless you cancel or amend your subscription in accordance with these terms.

Complimentary gifts included as part of subscription promotions:

  • are subject to availability and available while stocks last;
  • may be substituted with an alternative product of equal or greater value at ELEMIS’ discretion; and
  • cannot be exchanged for cash, credit or alternative products.

Unless expressly stated otherwise:

  • promotional benefits apply once per eligible order;
  • promotional benefits cannot be combined with other promotional codes or offers; and
  • promotional benefits apply to subscription purchases only and not to one-off purchases.

(e) Price Changes

From time to time, ELEMIS may change the prices of products available through the Subscription Programme. If a price change affects your subscription item, we will notify you by email at least 14 days before your next scheduled shipment date.

Subscription discounts apply to the price in effect at the time the order is placed, following any notified price changes. You may amend or cancel your subscription at any time before the new price takes effect.

(f) Changes to Subscription Benefits

ELEMIS reserves the right to amend, suspend or withdraw subscription benefits or promotional offers at any time. Any such changes will not affect orders that have already been placed and confirmed prior to the change taking effect.

(g) Payment Authorisation

By placing a subscription order, you authorise ELEMIS to charge your selected payment method for future subscription orders at the frequency and quantity you have chosen. The total cost of each order may vary depending on pricing, promotions and product availability at the time of shipment.

10. Customer Support & Complaints

If you have questions, complaints or requests relating to the Site, your orders, or our products, contact our Customer Care team by email at [email protected] or by telephone at 1-855-235-3647. Customer Care is available Monday to Friday, 9:00 am – 6:00 pm (ET).

Further information about orders, delivery, returns and account management is available in the ELEMIS Help Center at elemis.com/us/faqs.

We aim to resolve complaints fairly and promptly. Before pursuing formal proceedings, please see the informal resolution process described in Section 14.1.

11. Customer Reviews

Product reviews displayed on the Site are submitted by customers and are managed through our third-party review partner. Reviews may be moderated to remove content that is unlawful, offensive, misleading, or irrelevant; we do not edit or alter the substantive content of a review.

Where incentives (such as discounts, prize draws or free samples) are offered in connection with a review, this will be clearly and conspicuously disclosed in accordance with the FTC Endorsement Guides, 16 C.F.R. Part 255, and reviewers are required to disclose any material connection to ELEMIS.

In accordance with the Consumer Review Fairness Act, 15 U.S.C. § 45b, nothing in these Terms or in any related agreement restricts your right to post an honest review of our products or services.

12. Our Content & Intellectual Property

All content on the Site, including trademarks, logos, product images, designs, text and software, is owned by or licensed to ELEMIS and is protected under the Lanham Act, the U.S. Copyright Act, and other applicable intellectual property laws. You may not reproduce, copy, modify, or distribute any part of the Site without our prior written permission.

Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512, to our designated agent at [email protected]. Notices should include the information required under 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, the allegedly infringing material, and a statement of good-faith belief and accuracy made under penalty of perjury.

13. Limitation of Liability and Disclaimers

Products sold on the Site are cosmetics as defined under the Federal Food, Drug, and Cosmetic Act and are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. Always review ingredient lists before use, and discontinue use and consult a healthcare professional if irritation occurs.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ELEMIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH IT.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited or excluded as a matter of law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence.

14. Dispute Resolution, Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

This Section 14 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and evidences a transaction in interstate commerce.

14.1 Informal Resolution First

Before filing a claim against ELEMIS, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days. Notice must include your name, a description of the dispute, and the relief sought. Neither party may initiate arbitration or court proceedings during this period, except to preserve a limitations period or to seek injunctive relief for IP infringement under Section 14.6. Completion of this informal resolution process is a condition precedent to filing any arbitration demand or court proceeding, and a party may seek dismissal or a stay of any arbitration or court proceeding filed in violation of this Section 14.

14.2 Agreement to Arbitrate

Except as set out in Section 14.6, you and ELEMIS agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, or any product or service, whether based in contract, tort, statute, or otherwise, will be resolved by final and binding individual arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its applicable rules, rather than in court, except that either party may bring an individual claim in small claims court as set out in Section 14.6. This agreement to arbitrate is governed by the substantive law of the State of New York, without regard to its conflict-of-laws principles, except to the extent New York law is displaced by the FAA.

14.3 Arbitration Procedures

Arbitration will be conducted by a single, neutral arbitrator. Claims valued under $250,000 will proceed under the JAMS Streamlined Arbitration Rules and Procedures; claims of $250,000 or more, or seeking injunctive relief, will proceed under the JAMS Comprehensive Arbitration Rules and Procedures, each as amended from time to time. For claims under $10,000, ELEMIS will pay all JAMS filing, administration and arbitrator fees, unless the arbitrator finds the claim frivolous. The arbitration will be conducted in New York, New York, or, at your election, by telephone, videoconference, or based on written submissions.

14.4 Class Action and Jury Trial Waiver

YOU AND ELEMIS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS AND REPRESENTATIVE ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUESTED REMEDY, THAT CLAIM OR REMEDY MUST BE BROUGHT IN COURT AND SEVERED FROM ANY ARBITRATION, WITH THE REMAINING CLAIMS PROCEEDING IN ARBITRATION.

14.5 Mass Filing Protocol

If 25 or more similar arbitration demands raising substantially similar claims against ELEMIS are filed by or with the assistance of the same or coordinated counsel or claims-aggregation entities within a 90-day period (“Mass Filing”), the following procedure applies in place of the ordinary JAMS rules:

  • The parties will select up to 10 representative claims from each side (or another number agreed by the parties) to proceed first as bellwether cases, administered under JAMS Mass Arbitration Procedures and Guidelines then in effect.
  • Remaining claims will be stayed pending resolution of the bellwether cases, absent agreement otherwise or an arbitrator or court order requiring different treatment.
  • Following the bellwether determinations, the parties will engage in a global mediation of any remaining claims before further individual arbitrations proceed.
  • Filing, administrative and arbitrator fees for Mass Filings will be allocated in accordance with the applicable JAMS Mass Arbitration fee schedule, rather than the standard fee schedule referenced in Section 14.3.

This batch/bellwether protocol is intended to permit the efficient resolution of a large number of similar claims consistent with the FAA and applicable law, without waiving the individual-arbitration and class-waiver provisions of Section 14.4.

14.6 Exceptions

Notwithstanding Section 14.2: (a) either party may bring an individual action in small claims court for disputes within that court's jurisdiction, in lieu of arbitration; and (b) ELEMIS may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

14.7 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of the date you first agree to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out of the arbitration agreement, all other provisions of these Terms, including the class action waiver in Section 13.4 as applied to court proceedings, will continue to apply.

14.8 Limitation Period

Any claim arising out of or relating to these Terms or the Site must be filed within one (1) year after the claim arose, or it will be permanently barred, except where a longer period is required by applicable law.

14.9 Fallback Jurisdiction

If this arbitration agreement is found not to apply to a particular dispute, or is found unenforceable in its entirety, you and ELEMIS agree that such dispute will be resolved exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction of those courts.

15. Certifications, Awards & Advertising Claims

From time to time, we may refer to product certifications, awards, rankings, or market data (including “#1” claims) on the Site or in our marketing. Any such claim based on independent third-party research or verification (such as a market-data provider or certification body) is supported by a reasonable basis at the time of publication, in accordance with FTC substantiation standards, applies only to the specific product, category, territory and time period stated, and should be read together with any qualifying language or source reference provided at the point of the claim.

Certifications, awards and rankings may be time-limited or subject to renewal. We reserve the right to amend or remove a claim where the underlying data changes, expires, or is no longer valid. Nothing in this section limits your statutory rights as a consumer, and nothing here affects any right of action you may have under state unfair or deceptive trade practices statutes.

16. California and U.S. State Privacy Rights

If you are a California resident, you have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), including the right to: know and access the categories and specific pieces of personal information we collect; request deletion; request correction; opt out of the sale or sharing of personal information and of certain profiling; limit the use of sensitive personal information; and not be discriminated against for exercising these rights.

Full details of the categories of personal information we collect, our purposes for processing, our disclosure practices, and how to exercise your rights (including via an authorized agent) are set out in our Privacy Policy and California Notice at Collection.

Other State Privacy Laws

If you reside in Virginia, Colorado, Connecticut, Texas, or another state with a comprehensive consumer privacy law, you may have similar rights to access, correct, delete, and port your personal data, and to opt out of targeted advertising, the sale of personal data, and profiling in furtherance of decisions producing legal or similarly significant effects. These rights, and how to exercise them, are described in our Privacy Policy.

To submit a verifiable consumer request, email [email protected]. You may designate an authorized agent to submit a request on your behalf, subject to our ability to verify the agent's authority.

California's “Shine the Light” law (Cal. Civ. Code § 1798.83) permits California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes; to make such a request, contact [email protected].

17. Links to Third-Party Websites

The Site may contain links to third-party websites or services, including those operated by our partners or service providers. These links are provided for convenience only. We do not control and are not responsible for the content, availability, or practices of third-party websites, and your use of them is at your own risk.

18. How We Use Your Personal Data

Your privacy is important to us. Personal information is processed in accordance with applicable U.S. federal and state privacy laws and our Privacy Policy, which explains how personal information is collected, used, and shared, and describes your rights. Our Privacy Policy is available at elemis.com/us/privacy-policy.

19. General Provisions

Governing Law

Except as otherwise provided in Section 13, these Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and, to the extent applicable, the FAA. This choice of law does not deprive you of the protection of any mandatory consumer-protection provisions of the law of the state in which you reside cannot be displaced by agreement under that state’s law.

Electronic Communications

By using the Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

Severability

If any provision of these Terms (other than the class action waiver in Section 13.4, which is not severable from the arbitration agreement as it relates to class or representative proceedings) is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including strikes, pandemics, natural disasters, or transportation disruptions.

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any additional terms referenced herein, constitute the entire agreement between you and ELEMIS regarding use of the Site, and supersede any prior agreements.

Changes to These Terms

We may amend these Terms at any time. Material changes will be effective upon posting to the Site, with the “Last updated” date revised accordingly. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

Contact

Questions about these Terms may be directed to

  • [email protected] or
  • ELEMIS, USA, Inc., 111 West 33rd Street, Suite 1910, New York, NY 10120.

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