The Site is owned and controlled by Company. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific Company Site. If you do not agree to these Terms, do not use the Site. Company reserves the right to modify or change these Terms from time to time, at Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Company REGARDING THE SITE.
Website Content and Limits on Use
We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “Content”) is owned or licensed by Company.
The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company.
Company may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.
In order to create an account on this Site, you must be at least eighteen (18) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from Company and its affiliated entities.
If you send, post, or otherwise provide to Company any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Company has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Company and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Company shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.
Company names and logos and all related product and service names, design marks and slogans are the proprietary property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.
Rules for Using the Site
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Product Information, Pricing and Availability
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Company or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Returns and Refunds
If a bottle arrives broken and severely damaged in shipping to you, then, we will replace or refund your purchase. Please email pictures of damaged products within 1 week of arrival to firstname.lastname@example.org with explanation of issue, order number and preference for replacement or refund. As this is a cosmetic product, we can’t take returns or refund your purchase price if you change your mind after receiving the product.
Fragrance as a Product
Fragrance is generated from products that are a crop. Whereas we do all we can to maintain consistent scent profiles, crops are subject to conditions of weather, soils, climate, microclimate, etc. As such,scent profiles will vary despite our best efforts. Descriptions that are presented on the Site are determined according to the Company’s palate at the time and according to the Company’s manufacturing method and may vary for you, depending on your palate, your activity level, the age of your fragrance, where and when you apply it, your storage technique, etc.
The Site may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to this Site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party, and you visit other sites or engage in business with any third party at your own risk.
Copyright Infringement Notice
(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent at the following:
Notable Publishing, Inc.
PO Box 3032
Evergreen, CO 80437
or, via e-mail to: email@example.com
(b) All claims of infringement must be in writing and must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Company reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by Company regarding fraud or suspected fraud are binding and final.
Website Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Company EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH Company MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT Company SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL Company BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Company HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Company, and any affiliated Company entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Company of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the service.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting our products and services, and our company. These Terms shall be construed in accordance with the laws of the State of Colorado, U.S.A., without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Colorado, U.S.A. By using this Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Company or any of our vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Company or its vendors or licensors.
If any provision of this Agreement is held to be invalid or unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. Our failure to act with respect to any failure by you or to others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms constitute the entire Agreement between you and Company applicable to its subject matter. Anything on the Site inconsistent or in conflict with the Terms of this Agreement is superseded by the Terms of this Agreement. It may not be modified except as described elsewhere in this Agreement. This Agreement shall be binding upon and inure to the benefit of the your respective successors or assigns
The Terms shall remain effective until terminated as outlined herein. You agree that Company in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of a Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
Updated April 2015