Terms and Conditions

Terms and Conditions

The following terms and conditions (referred to as both the “Terms and Conditions” and/or the “Agreement”) apply to the EsakaMD Cosmeceuticals website (www.esakamdcosmeceuticals.com) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the “Site”). Esakamdcosmeceuticals.com provides its services to you (the “Customer”) subject to this Agreement. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Site.

Who We Are

As used in this Agreement, and on the Site, “EsakaMDcosmeceuticals.com, Site, We” refers to EsakaMD Cosmeceuticals, EsakaMD Pharmaceuticals, Inc located at 1941 Limestone Road, Suite 217, Wilmington, DE 19808. All content held on this website is the exclusive property of EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc. 

Changes to This Agreement

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. EsakaMD Cosmeceuticals also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.

Age Requirement

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. 

Your Account

You may be required to register with EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to EsakaMD Cosmeceuticals. EsakaMD Cosmeceuticals reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Governing Delaware Law and Dispute Forum/Jury

Trial Waiver

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF DELAWARE, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH ESAKA MD PHARMACEUTICALS, INC AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.

Purpose of Sales

All sales of products by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc are limited to personal use and may not, without the express prior written approval of EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc, or its respective content providers, and are protected by U.S. and international copyright laws 

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc or its licensors. EsakaMD’s trademarks and trade dress may not be used in connection with any product or service that is not EsakaMD’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits EsakaMD. All other trademarks not owned by EsakaMD that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EsakaMD. 

Privacy Policy

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc protects customer information according to our Privacy Policy posted on the Site, and our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement.

Colors/Satisfaction Policy/Returns

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. You may return most new, unopened items sold and fulfilled by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc within 30 days of delivery for a full refund. Most refunds are fully refunded in 3-5 days after we receive and process your return.

Disclaimer 

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc sells many different products. The use and selection of our products requires care to be certain that any directions and warnings from our manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc will endeavor to provide to Customers product labeling information. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

 General Disclaimer – All Products

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.

In providing product information to its customers, EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc relies in part on product descriptions furnished by our manufacturers. If you believe that any information is not accurate, please contact us.

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY ESAKAMD COSMECEUTICALS, ESAKA MD PHARMACEUTICALS, Inc ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM ESAKAMD COSMECEUTICALS, ESAKA MD PHARMACEUTICALS, Inc ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.

Order Acceptance/Shipping Terms/Refunds

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc serves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc is higher than our stated price, we will at our discretion, either contact you for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Verification of order and customer information may be required prior to the acceptance of any order. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc is not obligated to fulfill any order and may refuse any order. Alternatively, EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer’s credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.

 Risk of Loss

The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

 Online Conduct

Any conduct by a person that in EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc’s sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

 User Comments, Feedback, Posts, and Other Submissions

You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, “Comments”) as long as your Comments do not contain any Prohibited Content. “Prohibited Content” means Content that:

  • is threatening, defamatory, hateful, harassing, abusive, or obscene;
  • violates the right of privacy or right to publicity;
  • is false, deceptive, or otherwise misleading;
  • infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
  • contains any software virus or other malware;
  • includes any commercial or political solicitation;
  • violates any local, state, or federal law or regulation;
  • impersonates another person or entity;
  • includes any advertisement, pyramid scheme, or other “spam;” and/or
  • is otherwise objectionable or non-family-friendly as determined by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc in its sole discretion.

Although EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc cannot monitor all Comments, EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc for all claims resulting from any such Comments. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc does not claim ownership of any Comment. However, you agree that EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with EsakaMD’s (and its successors’ and assigns)’ business. You grant EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.

 

You represent and warrant that:

  • you own or otherwise control all of the rights to any Comment;
  • use of any Comment supplied by you will not violate this Agreement; and
  • the Comment will not cause injury to any person or entity.

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.

 Termination of Usage

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc may, without incurring any liability to the Customer, terminate access or suspend any Customer’s access to all or part of the Site, without notice, for any conduct that EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc. 

 SMS Terms and Conditions

By texting EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc from your mobile phone, you agree to receive recurring messages from EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc on your mobile phone. Consent is not a condition of purchase.

Reply STOP to cancel or HELP for help.Customer Service: 800-240-9075. Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages.

 Mobile Service, Internet and Service Fees

The following section applies to users of EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc’s mobile application (the “Application”): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.

Severability

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

 Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

 Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc without need of further notice and shall not be part of this Agreement or in any way binding upon EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc.

 Acceptance of This Agreement and of Amendments and Modifications Thereof

Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to this Agreement may, from time to time, be made by EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site.

 

Our Address and Contact Information Relating to the Terms of this Agreement

If you have any questions regarding the terms of this Agreement, you should contact EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc as follows:

By Mail:

EsakaMD Cosmeceuticals, Esaka MD Pharmaceuticals, Inc 

1941 Limestone Road

Suite 217
Wilmington, DE 19808