The following is the [CONTRACT] between Notox Cosmetics, LLC [COMPANY] and the user and/or buyer [CUSTOMER] of goods and services through Simplynontoxiccosmetics.com/SNTcosmetics.com [WEBSITE]. If [CUSTOMER] do not agree to [CONTRACT], the [CUSTOMER] will not be able to purchase anything, so please review these terms carefully.
This [WEBSITE] is controlled, operated and administered by [COMPANY] (or its licensees). All inquires may be directed to:
CUSTOMER SERVICE: 1-855-283-4057
1. ACCEPTANCE OF TERMS
- A. This Agreement, which incorporates by reference other provisions applicable to use of [WEBSITE], including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in [WEBSITE], sets forth the terms and conditions that apply to use of [WEBSITE] by [CUSTOMER] By using [COMPANY] (other than to read this Agreement for the first time), [CUSTOMER] agrees to comply with all of the terms and conditions hereof. The right to use [WEBSITE] is personal to [CUSTOMER] and is not transferable to any other person or entity. [CUSTOMER] is responsible for all use of [CUSTOMER] Account (under any screen name or password) and for ensuring that all use of [CUSTOMER] Account complies fully with the provisions of this Agreement. [CUSTOMER] shall be responsible for protecting the confidentiality of [CUSTOMER] password(s), if any.
- B. [COMPANY] shall have the right at any time to change or discontinue any aspect or feature of [WEBSITE], including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
[COMPANY] shall have the right at any time to change or modify the terms and conditions applicable to [CUSTOMER] use of [WEBSITE], or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on [WEBSITE], or by electronic or conventional mail, or by any other means by which [CUSTOMER] obtains notice thereof. Any use of [WEBSITE] by [CUSTOMER] after such notice shall be deemed to constitute acceptance by [CUSTOMER] of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES AND EQUIPMENT
Through its Web property, [COMPANY] provides [CUSTOMER] with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
[CUSTOMER] shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of [WEBSITE] and all charges related thereto.
4. [CUSTOMER] CONDUCT
- A. [CUSTOMER] shall use [WEBSITE] for lawful purposes only. [CUSTOMER] shall not post or transmit through [WEBSITE] any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without [COMPANY] express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a [CUSTOMER] that in [COMPANY] discretion restricts or inhibits any other [CUSTOMER] from using or enjoying [WEBSITE] will not be permitted. [CUSTOMER] shall not use [WEBSITE] to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of [CUSTOMER]’s to become subscribers of other on-line information services competitive with [COMPANY].
- B. [WEBSITE] contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of [WEBSITE] are copyrighted as a collective work under the United States copyright laws. [COMPANY] owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. [CUSTOMER] may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. [CUSTOMER] may download copyrighted material for [CUSTOMER]'s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of [COMPANY] and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. [CUSTOMER] acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- C. [CUSTOMER] shall not upload, post or otherwise make available on [WEBSITE] any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with [CUSTOMER]. [CUSTOMER] shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of [WEBSITE], [CUSTOMER] automatically grants, or warrants that the owner of such material has expressly granted [COMPANY] the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. [CUSTOMER] also permits any other [CUSTOMER] to access, view, store or reproduce the material for that [CUSTOMER]'s personal use. [CUSTOMER] hereby grants [COMPANY] the right to edit, copy, publish and distribute any material made available on [WEBSITE] by [CUSTOMER].
- D. The foregoing provisions of Section 5 are for the benefit of [COMPANY], its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). [CUSTOMER] agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, [CUSTOMER] agrees that when using the Communication Services, [CUSTOMER] will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless [CUSTOMER] own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of [CUSTOMER] of the Services or other user or usage information or any portion thereof.
[COMPANY] has no obligation to monitor the Communication Services. However, [COMPANY] reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. [COMPANY] reserves the right to terminate [CUSTOMER]’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. [COMPANY] reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in [COMPANY] sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; [CUSTOMER] is responsible for adhering to such limitations if [CUSTOMER] downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. [COMPANY] does not control or endorse the content, messages or information found in any Communication Services and, therefore, [COMPANY] specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized [COMPANY] spokespersons, and their views do not necessarily reflect those of [COMPANY].
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires [CUSTOMER] to open an account, [CUSTOMER] must complete the registration process by providing [COMPANY] with current, complete and accurate information as prompted by the applicable registration form. [CUSTOMER] also will choose a password and a [CUSTOMER] name. [CUSTOMER] is entirely responsible for maintaining the confidentiality of [CUSTOMER]’s password and account. Furthermore, [CUSTOMER] is entirely responsible for any and all activities that occur under [CUSTOMER]’s account. [CUSTOMER] agrees to notify [COMPANY] immediately of any unauthorized use of [CUSTOMER]’s account or any other breach of security. [COMPANY] will not be liable for any loss that [CUSTOMER] may incur as a result of someone else using [CUSTOMER]’s password or account, either with or without [CUSTOMER]’s knowledge. However, [CUSTOMER] could be held liable for losses incurred by [COMPANY] or another party due to someone else using [CUSTOMER]’s account or password. [CUSTOMER] may not use anyone else's account at any time, without the permission of the account holder.
7. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of [COMPANY] and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, [COMPANY] HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR [CUSTOMER] CONVENIENCE, [COMPANY] MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. [COMPANY] DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, data sheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
[COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. [COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL [COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL [COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO [COMPANY] OR POSTED AT ANY OF ITS WEBSITES
[COMPANY] does not claim ownership of the materials [CUSTOMER] provide to [COMPANY](including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") [CUSTOMER]’s Submission [CUSTOMER] is granting [COMPANY], its affiliated companies and necessary sublicensees permission to use [CUSTOMER]’s Submission in connection with the operation of their Internet businesses (including, without limitation, all [COMPANY] Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat [CUSTOMER]’s Submission; to publish [CUSTOMER]’s name in connection with [CUSTOMER]’s Submission; and the right to sublicense such rights to any supplier of the Services.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- A. [CUSTOMER] EXPRESSLY AGREES THAT USE OF [WEBSITE] IS AT [CUSTOMER]'S SOLE RISK. NEITHER[COMPANY] ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT [WEBSITE] WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF [WEBSITE], OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH [WEBSITE].
- B. [WEBSITE] IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. [CUSTOMER] SPECIFICALLY ACKNOWLEDGES THAT[COMPANY] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER [CUSTOMER] OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH [CUSTOMER].
- D. IN NO EVENT WILL [COMPANY], OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING [WEBSITE] OR THE [COMPANY] SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE [WEBSITE]. [CUSTOMER] HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, [COMPANY] NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITIES OF, THE INFORMATION CONTAINED WITHIN [WEBSITE], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE [CUSTOMER] OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- F. PRIOR TO THE EXECUTION OF A STOCK TRADE, [CUSTOMER]S ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. [COMPANY], ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, [COMPANY], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE [COMPANY] SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF [COMPANY] AND [COMPANY] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. [COMPANY] IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. [COMPANY] IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY [COMPANY] OF THE SITE.
[COMPANY] is a distributor (and not a publisher) of content supplied by third parties and [CUSTOMER] s. Accordingly, [COMPANY] has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, [CUSTOMER] or any other user of [WEBSITE], are those of the respective author(s) or distributor(s) and not of [COMPANY]. Neither [COMPANY] nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through [WEBSITE] represents the opinions and judgments of the respective information provider, [CUSTOMER], or other user not under contract with [COMPANY]. [COMPANY] neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on [WEBSITE] by anyone other than authorized [COMPANY] employee spokespersons while acting in their official capacities. Under no circumstances will [COMPANY] be liable for any loss or damage caused by a [CUSTOMER]'s reliance on information obtained through [WEBSITE]. It is the responsibility of [CUSTOMER] to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through [COMPANY]. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
[COMPANY] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [COMPANY] PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [COMPANY]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO [COMPANY] OR ANYONE AT [COMPANY] IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT [COMPANY] MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
[COMPANY] shall have the right, but not the obligation, to monitor the content of [WEBSITE], including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by [COMPANY] and to satisfy any law, regulation or authorized government request. [COMPANY] shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on [WEBSITE]. Without limiting the foregoing, [COMPANY] shall have the right to remove any material that [COMPANY], in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
[CUSTOMER] agrees to defend, indemnify and hold harmless [COMPANY] its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of [COMPANY] by [CUSTOMER] or [CUSTOMER]'s Account.
Either [COMPANY] or [CUSTOMER] may terminate this Agreement at any time. Without limiting the foregoing, [COMPANY] shall have the right to immediately terminate [CUSTOMER]'s Account in the event of any conduct by [CUSTOMER] which [COMPANY], in its sole discretion, considers to be unacceptable, or in the event of any breach by [CUSTOMER] of this Agreement.
This [CONTRACT] and any operating rules for [WEBSITE] established by [COMPANY] constitute the entire [CONTRACT] of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This [CONTRACT]shall be construed in accordance with the laws of the ORANGE COUNTY, FLORIDA, UNITED STATES OF AMERICA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
[COMPANY] its logos are trademarks of [COMPANY] Ltd. All rights reserved. All other trademarks appearing on [COMPANY] are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
21. PRODUCT AND SERVICE AVAILABILITY
Reference to any product or service on the [WEBSITE] does not constitute an offer to sell or supply that product or service and does not mean the product or service is available or that the name and description of any product from our wholesale distributors will be the same as that included on the website. Prepackaged gifts and kits are assembled individually and may vary slightly. [COMPANY] reserves the right to substitute a product of equal value and nature if the original product becomes unavailable. We will not be able to fill your order if you require shipping outside the United States.
Inventory information is generally available on the [WEBSITE] and is for domestic (USA) only. This information can be used to estimate the likelihood that the merchandise will be shipped immediately after placing your order. However, [COMPANY] can not guarantee that a product listed as available will actually ship right away, as inventory is subject to change from day to day. In rare cases, a product may be in stock when [CUSTOMER] places order and sold out by the time [CUSTOMER] order is processed. However, if an item is purchasable in [CUSTOMER] shopping cart when [CUSTOMER] place your order[COMPANY] will notify [CUSTOMER] by email that [CUSTOMER] order will not be filled and [CUSTOMER] credit card will not be charged.
22. SHIPPING AND RETURN/REPLACEMENT POLICIES
22. Where applicable, [COMPANY] shipping and return/replacement policies are posted on the [WEBSITE] for your review. We request that [CUSTOMER] please read our policies thoroughly prior to purchasing products and merchandise from [WEBSITE].
[COMPANY] are intended for end use in the United States, Products sold for end use in the United States are not labeled for international distribution. [COMPANY] reserves the right to cancel or modify any order.
23. PRODUCT PRICING
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON [WEBSITE] ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the [WEBSITE] are quoted in US dollars and are valid and effective in the United States.
[COMPANY] strives to provide accurate product and pricing information, pricing and typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price even if the order has been confirmed and/or your credit card has been charged. In the event that an item is not priced correctly, [COMPANY], at our discretion, either contact [CUSTOMER] for instructions or cancel [CUSTOMER] order and notify [CUSTOMER] of such cancellation. If [CUSTOMER] credit card has already been charged for the purchase and or [CUSTOMER] order is cancelled, [COMPANY] will promptly issue a credit to [CUSTOMER] credit card account in the amount of the incorrect price.
[COMPANY] wholesale distributors are under no obligation to honor [COMPANY][WEBSITE] pricing or product promotions.
24. DISCLAIMER: INGREDIENT, NATURAL, ORGANIC, PROCESSES, FAQ'S CONTENT
THE CONTENT CONTAINED IN ANY AREA OF [WEBSITE] CONTAINS INFORMATION ABOUT NATURAL, ORGANIC, NATURAL PROCESSES, AND NATURAL THERAPIES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.
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 MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. [COMPANY] RECOMMENDS SPEAKING WTH [CUSTOMER] MEDICAL PROFESSIONAL BEFORE CHANGING [CUSTOMER] PERSONAL CARE REGIMEN. ONLY [CUSTOMER] MEDICAL PROVIDERS CAN PROVIDE [CUSTOMER] WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR [CUSTOMER].
25. GOVERNING LAW
THIS [CONTRACT] SHALL BE TREATED AS THOUGH IT WERE EXECUTED AND PERFORMED IN ORNAGE COUNTY, FLORIDA, UNITED STATES, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ORANGE COUNTY, FLORIDA, UNITED STATES (WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES). ANY CAUSE OF ACTION OF [CUSTOMER] WITH RESPECT TO THE [WEBSITE] MUST BE INSTITUTED WITHIN 6 MONTHS AFTER ANY PURCHASE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN [CONTRACT]. THE LANGUAGE IN THE [CONTRACT] SHALL BE INTERPRETED AS TO ITS FAIR MEANING AND NOT STRICTLY FOR OR AGAINST ANY PARTY.
ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS [CONTRACT] SHALL BE BROUGHT SOLEY IN ORANGE COUNTY, FLORIDA, UNITED STATES AND [CUSTOMER] EXPRESSLY SUBMITS TO THE JURISDICTION OF SAID COURTS AND [CUSTOMER] CONSENTS TO EXTRA-TERRITORIAL SERVICE OF PROCESS. SHOULD ANY PART OF [CONTRACT] BE HELD INVAID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED CONSISTENT WITH APPLICABLE LAW AS NEARLY AS POSSIBLE TO REFLECT THE ORIGINAL INTENTIONS OF THE PARTIES AND THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. TO THE EXTENT THAT ANYTHING IN OR ASSOCIATED WITH [WEBSITE] OR [COMPANY] IS IN CONFLICT OR INCONSISTENT WITH [CONTRACT], THIS [CONTRACT] SHALL TAKE PRECEDENCE. FAILURE OF [COMPANY] TO ENFORCE ANY PROVISION OF THIS [CONTRACT] SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISIONS NOR OF THE RIGHT TO ENFORCE SUCH PROVISION.
[CUSTOMER] AGREES TO THE TERMS AND CONDITION OUTLINED IN THIS [CONTRACT] WITH RESPECT TO THE GOODS, SERVICES, AND INFORMATION PROVIDED BY OR THROUGH THE [WEBSITE]. THIS [CONTRACT] CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN [COMPANY] AND [CUSTOMER], AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES, AND UNDERSTANDING WITH RESPECT TO THE GOODS, SERVICES, AND INFORMATION PROVIDED BY OR THROUGH [WEBSITE], AND SUBJECT MATTER OF THIS CONTRACT. [CUSTOMER] AGREES TO REVIEW THIS CONTRACT PRIOR TO VIEWING MATERIAL AND/OR PURCHASING ANYTHING; AND PURCHASE OF GOODS, SERVICE, AND/OR VIEWING [WEBSITE] SHALL BE DEEMED ACCEPTANCE OF THIS CONTRACT.