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Terms and Conditions - Healing Natural Oils
Site
Terms and Conditions of Use
1. User's Acknowledgment and
Acceptance of Terms
Healing Natural Oils ("Us"
or "We") provides the Amoils, Healing Natural Oils site and various
related services (collectively, the "site") to you, the user, subject
to your compliance with all the terms, conditions, and notices contained or
referenced herein (the "Terms of Use"), as well as any other written
agreement between us and you. In addition, when using particular services or
materials on this site, users shall be subject to any posted rules applicable
to such services or materials that may contain terms and conditions in addition
to those in these Terms of Use. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS
OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS
SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR
THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS
OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF
USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as
of April 1, 2011. We expressly reserve the right to change these Terms of Use
from time to time without notice to you. You acknowledge and agree that it is
your responsibility to review this site and these Terms of Use from time to
time and to familiarize yourself with any modifications. Your continued use of
this site after such modifications will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the modified Terms
of Use.
As used in these Terms of Use,
references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and
advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available
on this site including, but not limited to, Natural formulas to assist in
healing of a variety of specific conditions., and other like services. You are
responsible for providing, at your own expense, all equipment necessary to use
the services, including a computer, modem, and Internet access (including
payment of all fees associated with such access).
We reserve the sole right to either
modify or discontinue the site, including any of the sites features, at any
time with or without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment or enhance
the then-current services on this site shall also be subject to these Terms of
Use.
3. Conduct on Site
Your use of the site is subject to
all applicable laws and regulations, and you are solely responsible for the
substance of your communications through the site. By posting information in or
otherwise using any communications service, chat room, message board,
newsgroup, software library, or other interactive service that may be available
to you on or through this site, you agree that you will not upload, share,
post, or otherwise distribute or facilitate distribution of any content --
including text, communications, software, images, sounds, data, or other
information -- that:
a. is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
anothers privacy, tortious, contains explicit or graphic descriptions or
accounts of sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or group of
individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party;
d. constitutes unauthorized or
unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or any
other computer code, files, or programs that are designed or intended to
disrupt, damage, or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or other
information of any third party; or
f. impersonates any person or
entity, including any of our employees or representatives.
We neither endorse nor assume any
liability for the contents of any material uploaded or submitted by third party
users of the site. We generally do not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message boards,
newsgroups, software libraries, or other interactive services that may be
available on or through this site. However, we and our agents have the right at
their sole discretion to remove any content that, in our judgment, does not
comply with these Terms of Use and any other rules of user conduct for our
site, or is otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such
removal of content. See "Use of Your Materials" below for a
description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any
party.
In addition, you may not use your
account to breach security of another account or attempt to gain unauthorized
access to another network or server. Not all areas of the site may be available
to you or other authorized users of the site. You shall not interfere with
anyone elses use and enjoyment of the site or other similar services. Users
who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time,
and at our sole discretion, terminate your membership, account, or other
affiliation with our site without prior notice to you for violating any of the
above provisions. In addition, you acknowledge that we will cooperate fully
with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in investigating
suspected criminal violations.
4. Third Party Sites and Information
This site may link you to other
sites on the Internet or otherwise include references to information,
documents, software, materials and/or services provided by other parties. These
sites may contain information or material that some people may find
inappropriate or offensive. These other sites and parties are not under our
control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of
such sites, nor are we responsible for errors or omissions in any references to
other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement
of, or association with, the site or party by us, or any warranty of any kind,
either express or implied.
5. Intellectual Property Information
Copyright (c) April 1, 2011 Healing
Natural Oils All Rights Reserved.
For purposes of these Terms of Use,
"content" is defined as any information, data, communications,
software, photos, video, graphics, music, sounds, and other material and
services that can be viewed by users on our site. This includes message boards,
chat, and other original content.
By accepting these Terms of Use, you
acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of Healing Natural Oils
and/or its Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a single copy made
for personal use only, you may not copy, reproduce, modify, republish, upload,
post, transmit, or distribute any documents or information from this site in
any form or by any means without prior written permission from us or the
specific content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is available on this
site. Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in criminal or
civil penalties.
Neither we or our Affiliates warrant
or represent that your use of materials displayed on, or obtained through, this
site will not infringe the rights of third parties. See "Users
Materials" below for a description of the procedures to be followed in the
event that any party believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
The following are registered
trademarks, trademarks or service marks of Healing Natural Oils or its
Affiliates: Amoils, Healing Natural Oils. All custom graphics, icons, logos and
service names are registered trademarks, trademarks or service marks of Healing
Natural Oils or its Affiliates. All other trademarks or service marks are
property of their respective owners. Nothing in these Terms of Use grants you
any right to use any trademark, service mark, logo, and/or the name of Healing
Natural Oils or its Affiliates.
6. Unauthorized Use of Materials
Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us, whether by
electronic mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our agents and affiliates a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential or
proprietary information to us unless we have mutually agreed in writing
otherwise. We are also unable to accept your unsolicited ideas or proposals, so
please do not submit them to us in any circumstance.
We respect the intellectual property
of others, and we ask you to do the same. If you or any user of this site
believes its copyright, trademark or other property rights have been infringed
by a posting on this site, you or the user should send notification to our
Designated Agent (as identified below) immediately. To be effective, the
notification must include:
1. Identify in sufficient detail the
copyrighted work that you believe has been infringed upon or other information
sufficient to specify the copyrighted work being infringed).
2. Identify the material that you
claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient
to permit us to contact you (email address is preferred).
4. Provide information, if possible,
sufficient to permit us to notify the owner/administrator of the allegedly
infringing webpage or other content (email address is preferred).
5. Include the following statement:
"I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law."
6. Include the following statement:
"I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed."
7. Sign the paper.
8. Send the written communication to
the following address:
Designated Agent for Claimed
Infringement:
Contact: Healing Natural Oils
Address: 1042 N El Camino Real Suite B-426 Encinitas, CA 92024
Phone: (866) 445 5433
You acknowledge and agree that upon
receipt of a notice of a claim of copyright infringement, we may immediately
remove the identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the party that
originally posted the materials will be referred to the United States Copyright
Office for adjudication as provided in the Digital Millennium Copyright Act.
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET
YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR
BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Through your use of the site, you
may have the opportunities to engage in commercial transactions with other
users and vendors. You acknowledge that all transactions relating to any merchandise
or services offered by any party, including, but not limited to the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or
purchaser of such merchandize and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A
THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER
OF OUR AFFILIATES.
Content available through this site
often represents the opinions and judgments of an information provider, site
user, or other person or entity not connected with us. We do not endorse, nor
are we responsible for the accuracy or reliability of, any opinion, advice, or
statement made by anyone other than an authorized Healing Natural Oils
spokesperson speaking in his/her official capacity. Please refer to the
specific editorial policies posted on various sections of this site for further
information, which policies are incorporated by reference into these Terms of
Use.
You understand and agree that
temporary interruptions of the services available through this site may occur
as normal events. You further understand and agree that we have no control over
third party networks you may access in the course of the use of this site, and
therefore, delays and disruption of other network transmissions are completely
beyond our control.
You understand and agree that the
services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN
ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR
ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all liabilities,
claims, and expenses, including attorneys fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
10. Security and Password
You are solely responsible for
maintaining the confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through the use of your
password and account. Therefore, you must take steps to ensure that others do
not gain access to your password and account. Our personnel will never ask you
for your password. You may not transfer or share your account with anyone, and
we reserve the right to immediately terminate your account if you do transfer
or share your account.
11. Participation in Promotions
From time to time, this site may
include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence
or promotion.
12. E-mail, Messaging, Blogging, and
Chat Services
We may make email, messaging,
blogging, or chat services (collectively, "Communications") available
to users of our site, either directly or through a third-party provider. We
make available separate supplemental agreements characterizing the relationship
between you and us that, except where expressly noted or contradictory,
includes these Terms.
We will not inspect or disclose the
contents of private Communications except with the consent of the sender or the
recipient, or in the narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or
governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring
devices or techniques to protect our users from mass unsolicited communications
(also known as "spam") and/or other types of electronic
communications that we deem inconsistent with our business purposes. However,
such devices or techniques are not perfect, and we will not be responsible for
any legitimate communication that is blocked, or for any unsolicited
communication that is not blocked.
Mailboxes may have a limited storage
capacity. If you exceed the maximum permitted storage space, we may employ
automated devices that delete or block email messages that exceed the limit. We
will not be responsible for such deleted or blocked messages.
13. International Use
Although this site may be accessible
worldwide, we make no representation that materials on this site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is
void where prohibited.
14. Termination of Use
You agree that we may, in our sole
discretion, terminate or suspend your access to all or part of the site with or
without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may
be grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this site.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us in
connection with such termination or suspension.
15. Governing Law
This site (excluding any linked
sites) is controlled by us from our offices within the Encinitas, CA, United
States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Encinitas, CA, by accessing this site both of us agree that the
statutes and laws of the State of Encinitas, CA, without regard to the
conflicts of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available through this
site. Each of us agrees and hereby submits to the exclusive personal
jurisdiction and venue any court of competent jurisdiction within the State of
Encinitas, CA with respect to such matters.
16. Notices
All notices to a party shall be in
writing and shall be made either via email or conventional mail. Notices to us
must be sent to the attention of Customer Service at support@amoils.com, if by
email, or at Healing Natural Oils 1042 N El Camino Real Suite B-426 Encinitas,
CA 92024 if by conventional mail. Notices to you may be sent to the address
supplied by you as part of your Registration Data. In addition, we may
broadcast notices or messages through the site to inform you of changes to the
site or other matters of importance, and such broadcasts shall constitute
notice to you at the time of sending.
17. Entire Agreement
These terms and conditions
constitute the entire agreement and understanding between us concerning the
subject matter of this agreement and supersedes all prior agreements and
understandings of the parties with respect to that subject matter. These Terms
of Use may not be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document or to
enter an order for products or services which are subject to additional or
altered terms and conditions shall be null and void, unless otherwise agreed to
in a written agreement signed by you and us. To the extent that anything in or
associated with this site is in conflict or inconsistent with these Terms of
Use, these Terms of Use shall take precedence.
18. Miscellaneous
In any action to enforce these Terms
of Use, the prevailing party will be entitled to costs and attorneys fees. Any
cause of action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever waived and
barred.
You may not assign your rights and
obligations under these Terms of Use to any party, and any purported attempt to
do so will be null and void. We may free assign our rights and obligations
under these Terms of Use.
You agree not to sell, resell,
reproduce, duplicate, copy or use for any commercial purposes any portion of
this site, or use of or access to this site.
In addition to any excuse provided
by applicable law, we shall be excused from liability for non-delivery or delay
in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or
regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms of Use is
held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Any failure by us to enforce or
exercise any provision of these Terms of Use or related rights shall not
constitute a waiver of that right or provision.
19. Contact Information
Except as explicitly noted on this
site, the services available through this site are offered by Healing Natural
Oils located at 1042 N El Camino Real Suite B-426 Encinitas, CA 92024. Our
telephone number is (866) 445 5433. If you notice that any user is violating
these Terms of Use, please contact us at support@amoils.com.
Terms
and Conditions of Sale
1. Sale and Purchase of Goods
Healing Natural Oils
("Seller") hereby agrees to sell, and You ("Buyer") hereby
agree to purchase, goods of the description and quantity described on the
checkout window ("Checkout") and incorporated herein by this
reference ("Goods") on the terms and conditions set forth in this
Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase
Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase
Price shall be payable in full by Buyer according to the payment due date
stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30)
days shall be considered overdue. All amounts past due are subject to a late
charge of the lesser of one and one-half percent (1 1/2%) per month (being
eighteen percent (18%) per annum) or the highest lawful rate. In addition,
Seller shall have the right to pursue any remedies available at law or as
provided herein and shall be entitled to reimbursement from Buyer for Seller's
costs of collection, including attorney fees, legal fees and costs and
disbursements.
4. Delivery
Unless otherwise agreed in writing,
delivery shall be made in accordance with Seller's shipping policy in effect on
the date of shipment. Delivery dates provided by Seller are estimates only.
Seller will make reasonable efforts to deliver in accordance with such dates;
however, Seller will not be liable for failure to deliver as estimated. Unless
otherwise agreed in writing by Seller, Goods shall be packaged according to
Seller's standards and practices.
Healing Natural Oils is not responsible for any return package fees. Should your package be returned by FedEx, there is a mandatory $10 return fee that is imposed. Reshipping fees start at $3.95 for standard shipments. We offer a 60 day money back guarantee on all of our products. To claim a refund, simply send back the bottle along with your receipt. Healing Natural Oils is not responsible for any postage or handling fees on a return, the buyer shall be responsible for all costs to return said item to Healing Natural Oils.
5. Limited Warranty
Seller supplies as its sole warranty
the following:
60 Day money back guarantee on all
products. Requires RMA - proof of purchase - and return ship of unused portion
of bottle to receive refund.
The warranty shall last for 60 Days.
The warranties provided for herein
shall be governed by Seller's warranty policies in effect on the date of
shipment.
6. Disclaimer of Warranty/Limitation
of Liability
Seller undertakes no responsibility
for the quality of the Goods or that the Goods will be fit for any particular
purpose for which Buyer may be buying the Goods, except as otherwise provided
in this Agreement, and Seller disclaims all other warranties and conditions,
express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF
WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES")
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST
OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR
SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES
OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES
OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,
PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR
EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY
SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR
INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY
DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER
AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM
AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE
INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE
GOODS.
7. Force Majeure
Seller shall not be held responsible
for any failure of performance to make timely delivery of all or any part of
the Goods in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation, strike or
other labor trouble, fire or other damage to or destruction of, in whole or in
part, the Goods or the manufacturing facility for the Goods, the lack of or
inability to obtain raw materials, labor, fuel, electrical power, water or
supplies, or any other cause, act of God, contingency or circumstances not
subject to the reasonable control of Seller, which causes delays or hinders the
manufacture or delivery of Goods. Seller shall determine in good faith the
extent to which it can reasonably control a cause, contingency, or circumstance
that affects the performance of its obligations.
8. General
Buyer may not assign this Agreement
without Seller's written consent. Seller is the sole intended beneficiary of
this Agreement. If there is any inconsistency between this Agreement and any
other agreement included with or relating to the Goods, this Agreement shall
govern. This Agreement may not be modified, altered or amended without the
written agreement of Seller. Any additional or altered terms attached to any
order submitted by Buyer shall be null and void, unless expressly agreed to in
writing by Seller. If any term of this Agreement is illegal or unenforceable,
the legality and enforceability of the remaining provisions shall not be
affected or impaired. This Agreement shall be interpreted under the laws of the
State of Virginia, without giving effect to conflicts-of-law rules; and in the
event of a dispute under this Agreement; Buyer submits to the exclusive
jurisdiction and venue of the courts of the Commonwealth of Virginia and hereby
waives any objection to such jurisdiction and venue
Blog
and Message Board Terms of Use
Healing Natural Oils ("We"
or "Us" or "Our") offers the use of its blogging and
message board services (along with the content posted thereon, the
"Services") subject to the terms and conditions of use (the
"Terms") contained herein. All references herein to "We,"
"Us," or "Our" are intended to include Healing Natural Oils
and any other affiliated companies. By accessing, creating or contributing to
any blogs or messages hosted by us (the "Blog"), and in consideration
for the Services we provide to you, you agree to abide by these Terms. Please
read them carefully before posting to or creating any Blog. We reserve the
right to change, at any time, at our sole discretion, the Terms under which
these Services are offered. You are responsible for regularly reviewing these
Terms for changes. Your continued use of the Services constitutes your
acceptance of all such Terms. If you do not agree with these Terms, please do
not use the Services.
1. Disclaimer of Company
Responsibility for Blog Content
You understand that all content
posted to the Blog (the "Content") is the sole responsibility of the
individual who originally posted the content. You understand, also, that all
opinions expressed by users of this site are expressed strictly in their
individual capacities, and not as Our representatives or any of Our sponsors or
partners. The opinions that you or others post in the Blog do not necessarily
reflect Our opinions.
2. Posting
(a) By posting your Content using
the Services, you are granting an unrestricted, irrevocable, non-exclusive,
royalty-free, perpetual, worldwide, and fully transferable, assignable, and
sublicensable right and license to use, copy, reproduce, modify, adapt, publish,
translate, create collective or derivative works from, distribute, perform and
display your Content in whole or in part and to incorporate it in other works
in any form, media, or technology now known or later developed. You further
warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog,
you warrant and represent that you either own or otherwise control all of the
rights to that content, including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the content, or that your use
of the content is a protected fair use. You agree that you will not knowingly
provide material and misleading false information. You represent and warrant
also that the content you supply does not violate these Terms. It is your sole
responsibility to ensure that your postings do not disclose confidential and/or
proprietary information, including personal financial information, information
covered by a nondisclosure agreement, and information that you are not
authorized to disclose. We caution you not to disclose personal information
about yourself or your children, such as social security numbers, credit card
numbers, etc.
(c) You agree to indemnify and hold
Us and Our affiliated companies, and their directors, officers and employees,
harmless for any and all claims or demands, including reasonable attorney fees,
that arise from or otherwise relate to your use of the Blog, any content you
supply to the Blog, or your violation of these Terms or the rights of another.
3. Accessing
(a) You agree that We will not be
liable, under any circumstances and in any way, for any errors or omissions,
loss or damage of any kind incurred as a result of use of any content posted on
this site. You agree that you must evaluate and bear all risks associated with
the use of any content, including any reliance on the accuracy, completeness,
or usefulness of such content. You agree not to collect information about
others, including e-mail addresses, or to use information obtained from the
Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for
informational purposes only; we shall not be responsible or liable for the
accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links
to other websites on the Internet. We are not responsible or liable for such
content and we make no express or implied warranty about the accuracy,
copyright compliance, legality, merchantability, or any other aspect of the
content of such postings. We are not responsible or liable for any advertising,
products, or other materials on or available from such websites or resources.
The inclusion of links does not imply endorsement of the Websites by Us or any
association with their operators.
(d) We may enable you to establish
an account with a username and password to access and use the Services. If so,
you are responsible for maintaining the strict confidentiality of your
password, and you are responsible for any activity occurring through use of
your account and password. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security
and ensure that you exit from your account at the end of each session. We are
not responsible or liable for any loss or damage arising from your failure to
comply with this provision.
4. Children
Collecting personal information from
children under the age of 18 ("minor children") through the Services
or the Blog is prohibited. No Content should be directed toward minor children.
Minor children are not eligible to use the site, and we ask that they do not
submit any personal information to us.
5. Privacy Policy
Please be sure to read our Privacy
Policy, which is available at this website and incorporated herein by
reference.
6. Unauthorized Use of Materials
See Website Terms of Use
7. Termination of Access/Removal of
Content
We shall have the right in Our sole
discretion to terminate your access to and use of the Services and/or remove
any of your Content should We consider your statements or conduct to be
inaccurate, illegal, obscene, defamatory, threatening, infringing of
intellectual property rights, invasive of privacy, injurious, objectionable, or
otherwise in violation of these Terms or applicable law.
8. Disclaimer of Warranties
See Website Terms of Use
9. Limitation of Liability
See Website Terms of Use
10. Acceptance and Acknowledgement
of Terms
Use of this website constitutes
acceptance of these Terms. You acknowledge that you have read and are bound by
the Terms, as well as any other usage agreements of Ours, including the Website
Terms of Use that may govern your conduct. Thank you for participating in the
Blog. Please do not hesitate to contact us at support@amoils.com if you have
questions.
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