TERMS & CONDITIONS
AROMAOILGANICS™
EFFECTIVE DATE: FEBRUARY 2013
LAST UPDATED DATE: MAY 19, 2019
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY
ACCESSING, BROWSING OR USING THE AROMAOILGANICS (“13MONEY”) WEBSITE AVAILABLE
AT WWW.AROMAOILGANICS.BIGCARTEL.COM OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT
(THE “WEBSITE”) IN ANY WAY OR CLICKING AN “I ACCEPT” OR SIMILAR BUTTON,
YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND
BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH
AROMAOILGANICS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS ON
BEHALF OF YOURSELF OR THE COMPANY YOU WORK FOR, AND TO BIND THAT COMPANY
TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY
NOT ACCESS OR USE THIS WEBSITE.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY
TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE MOST DISPUTES.
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT The Terms are subject to change by AROMAOILGANICS in its
sole discretion at any time. When changes are made, 13MONEY will make a
new copy of the Terms available at the Website. We will also update the
“Last Updated” date at the top of the Terms. If we make any material
changes, and you have provided us with your e-mail address, we will also
send an e-mail to you at the last e-mail address you provided to us.
Any changes to the Terms will be effective immediately for new users of
the Website and will be effective for existing users upon the earlier of
thirty (30) days after posting of notice of such changes on the Website
or thirty (30) days after dispatch of an e-mail notice of such changes.
AROMAOILGANICS may require you to provide consent to the updated Terms in a
specified manner before further use of the Website is permitted. If you
do not agree to any change(s) after receiving a notice of such
change(s), you shall stop using the Website. Otherwise, your continued
use of the Website constitutes your acceptance of such change(s). PLEASE
REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
- USE OF AROMAOILGANICS. The Website and the content and
information available on the Website (“AROMAOILGANICS”) are protected by
copyright laws throughout the world. Subject to the Terms, AROMAOILGANICS
grants you a limited license to reproduce portions of AROMAOILGANICS for the
sole purpose of using the Website for your personal purposes. Unless
otherwise specified by AROMAOILGANICS in a separate license, your right to use
any AROMAOILGANICS is subject to the Terms.
- 1.1 CERTAIN RESTRICTIONS. The rights granted to you in
the Terms are subject to the following restrictions: (a) you shall not
license, sell, rent, lease, transfer, assign, reproduce, distribute,
host or otherwise commercially exploit AROMAOILGANICS or any portion of
AROMAOILGANICS ; (b) you shall not frame or utilize framing techniques to
enclose any trademark, logo, or other &nAROMAOILGANICSbsp; (including images, text,
page layout or form) of AROMAOILGANICS; (c) you shall not use any metatags or
other “hidden text” using AROMAOILGANICS’s name or trademarks; (d) you shall
not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of
AROMAOILGANICS except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (e) you shall not use any manual or
automated software, devices or other processes (including but not
limited to spiders, robots, scrapers, crawlers, avatars, data mining
tools or the like) to “scrape” or download data from any web pages
contained in the Website (except that we grant the operators of public
search engines revocable permission to use spiders to copy materials
from the Website for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials); (f) you shall
not access AROMAOILGANICS in order to build a similar or competitive website,
application or service; and (g) except as expressly stated herein, no
part of AROMAOILGANICS may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means. Any future release, update or other addition to AROMAOILGANICS shall be
subject to the Terms. AROMAOILGANICS, its suppliers and service providers
reserve all rights not granted in the Terms. Any unauthorized use of
AROMAOILGANICS terminates the licenses granted by AROMAOILGANICS pursuant to the
Terms.
- REGISTRATION
- 2.1 REGISTERING YOUR ACCOUNT. In order to access certain
features of AROMAOILGANICS you will be required to become a Registered User.
For purposes of the Terms, a “REGISTERED USER” is a user who creates an
account with AROMAOILGANICS (“ACCOUNT”) by either registering directly with
AROMAOILGANICS through the Website or logging into the Website with the user’s
social networking service account (“THIRD-PARTY ACCOUNT”). By logging in
with your Third-Party Account, you represent that you are entitled to
disclose your Third-Party Account login information to AROMAOILGANICS and/or
grant AROMAOILGANICS access to your Third-Party Account (including, but not
limited to, for use for the purposes described herein) without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account and without obligating AROMAOILGANICS to pay any
fees or making AROMAOILGANICS subject to any usage limitations imposed by such
third-party service providers. By granting AROMAOILGANICS access to any
Third-Party Accounts, you understand that AROMAOILGANICS may access, make
available and store (if applicable) any information, photographs, and/or
other materials accessible through AROMAOILGANICS (“CONTENT”) that you have
provided to and stored in your Third-Party Account (“THIRD-PARTY ACCOUNT
CONTENT”) so that it is available on and through AROMAOILGANICS via your
Account. Unless otherwise specified in the Terms, all Third-Party
Account Content shall be considered to be Your Content for all purposes
of the Terms. Subject to the privacy settings that you have set in your
Third-Party Account, personally identifiable information that you post
to your Third-Party Account may be available on and through your Account
on AROMAOILGANICS. Please note that if a Third-Party Account or associated
service becomes unavailable or AROMAOILGANICS’s access to such Third-Party
Account is terminated by the third-party service provider, then Account
Content may no longer be available on and through AROMAOILGANICS. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND AROMAOILGANICS DISCLAIMS ANY
LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED
TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY
SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. AROMAOILGANICS makes no
effort to review any Content for any purpose, including but not limited
to, for accuracy, legality or non-infringement, and AROMAOILGANICS is not
responsible for any Third-Party Account Content.
- 2.2 REGISTRATION DATA. In registering for the Services,
you agree to (1) provide true, accurate, current and complete
information about yourself (the “REGISTRATION DATA”); and (2) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. You represent that you are at least thirteen (13)
years old (or such other minimum age of requirement as may be applicable
in your jurisdiction) and not a person barred from using AROMAOILGANICS under
the laws of the United States, your place of residence or any other
applicable jurisdiction. You are responsible for all activities that
occur under your Account. You may not share your Account or password
with anyone, and you agree to notify AROMAOILGANICS immediately of any
unauthorized use of your password or any other breach of security and
exit from your Account at the end of each session. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
AROMAOILGANICS has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, AROMAOILGANICS has the right to
suspend or terminate your Account and refuse any and all current or
future use of AROMAOILGANICS (or any portion thereof). You agree not to create
an Account using a false identity or information, or on behalf of
someone other than yourself. You agree that you shall not have more than
one Account at any given time. You agree not to create an Account or
use AROMAOILGANICS if you have been previously removed by AROMAOILGANICS, or if you
have been previously banned from any of AROMAOILGANICS.
- 2.3 YOUR ACCOUNT. Notwithstanding anything to the
contrary herein, you acknowledge and agree that you shall have no
ownership or other property interest in your Account, and you further
acknowledge and agree that all rights in and to your Account are and
shall forever be owned by and inure to the benefit of AROMAOILGANICS.
-
ORDER AND ACCEPTANCE.
- 3.1 ORDER ACCEPTANCE PROCESS. Each part of an order that
you submit to AROMAOILGANICS constitutes an offer to purchase merchandise. If
you have placed your order through the Website, then, after AROMAOILGANICS
receives your order, you will receive an email from 13MONEY confirming
receipt of your order (usually in minutes). If you do not receive an
email from AROMAOILGANICS confirming receipt of an order that you placed, then
please contact the AROMAOILGANICS Customer Service department at
http://WWW.AROMAOILGANICS.BIGCARTEL/contact-us before you attempt to place another
order for the same merchandise. Please note that AROMAOILGANICS's confirmation
of receipt of your order does not equate to AROMAOILGANICS's acceptance of your
order. AROMAOILGANICS is not deemed to have accepted any part of your order
until the requested merchandise has been shipped and AROMAOILGANICS has sent a
shipment confirmation email.
- 3.2 ORDER ISSUES.
- (A) If AROMAOILGANICS rejects your order due to an error in pricing and/or
other information about the merchandise, then AROMAOILGANICS will notify you
at the email address that you have provided. Once the error has been
corrected, AROMAOILGANICS will ask you whether or not you would like to
re-submit your order to purchase the relevant merchandise. If AROMAOILGANICS
has notified you that your order has been accepted by sending you a
shipment confirmation email, then you will not be required to pay a
price that is greater than the price that was displayed on the Website
at the time at which you placed your order. If AROMAOILGANICS has distributed
merchandise that is different from the description of the relevant
merchandise (as displayed on the Website at the time at which you placed
your order), then you may request a return or an exchange. For
additional details, please review the AROMAOILGANICS Returns Policy available
at http://WWW.AROMAOILGANICS.BIGCARTEL/RETURNPOLICY.
- (B) Although it is unlikely that AROMAOILGANICS would refuse to accept an
order, AROMAOILGANICS reserves the right to deny any order for any reason,
including where the following situations arise: (i) insufficient
information or errors in billing, payment, and/or shipping information;
(ii) orders that cannot be processed due to erroneous information that
you have provided, which includes, but is not limited to incorrect
credit card or debit card number, expiration date, security value, or
other incorrect information regarding payment types; (iii) suspected
fraudulent information; or (iv) delayed shipment or unavailability of
merchandise.
- (C) AROMAOILGANICS may refuse to accept any order if fraudulent activity
is suspected. AROMAOILGANICS may refuse to process any subsequent order from a
customer who has a history of placing fraudulent orders.
- (D) AROMAOILGANICS may refuse any order that is connected with a previous credit card dispute.
- 3.3 ORDER CANCELLATION. If an item of merchandise is
delayed out of the 13MONEY fulfillment center or becomes unavailable, or
if there is an error on the Website pertaining to the order (e.g. an
error pertaining to the price and/or description of merchandise), then
13MONEY may cancel the order. If this occurs, then 13MONEY will contact
you so that you are aware of the situation.
- 3.4 RESTRICTIONS ON RESALE. In order to protect AROMAOILGANICS's
intellectual property rights, any suspected resale of merchandise for
personal and/or business profit is strictly prohibited. 13MONEY will not
accept any order that is deemed to possess characteristics of
reselling. 13MONEY reserves the right to cancel any subsequent order
from a customer who has been suspected of reselling.
-
PAYMENT TERMS.
- 4.1 PAYMENT. All prices are quoted in the denomination
stated. To make a purchase, you must provide a valid credit card (Visa,
MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”).
Your Payment Provider agreement governs your use of the designated
credit card, and you must refer to that agreement and not the Terms to
determine your rights and liabilities. By providing AROMAOILGANICS with your
credit card number and associated payment information, you hereby
authorize AROMAOILGANICS to immediately charge your credit card for all fees
and charges due and payable to AROMAOILGANICS hereunder or credit your credit
card for any refunds owed and that no additional notice or consent is
required. You agree to immediately notify AROMAOILGANICS of any change in your
billing address or the credit card used for payment hereunder. AROMAOILGANICS
reserves the right at any time to change its prices and billing methods,
either immediately upon posting on the AROMAOILGANICS or by e-mail delivery to
you.
- 4.2 REFUNDS. Payments made to AROMAOILGANICS are subject to
refund in accordance with AROMAOILGANICS’s refund policy available at
http://WWW.13MONEY.ORG/returns.
- 4.3 TAXES. AROMAOILGANICS’s fees are net of any applicable Sales
Tax. If any products or Services, or payments for any products or
Services, under the Terms are subject to Sales Tax in any jurisdiction
and you have not remitted the applicable Sales Tax to AROMAOILGANICS, you will
be responsible for the payment of such Sales Tax and any related
penalties or interest to the relevant tax authority and you will
indemnify AROMAOILGANICS for any liability or expense we may incur in
connection with such Sales Taxes. Upon our request, you will provide us
with official receipts issued by the appropriate taxing authority, or
other such evidence that you have paid all applicable taxes. For
purposes of this section, “SALES TAX” will mean any sales or use tax,
and any other tax measured by sales proceeds, that AROMAOILGANICS is permitted
to pass to its customers that is) the functional equivalent of a sales
tax where the applicable taxing jurisdiction does not otherwise impose a
sales or use tax.
- 4.4 DISCOUNTS AND PROMO CODES. We may, in our sole
discretion, create discounts and promotional codes that may be redeemed
for credit in your Account, or other features or benefits, subject to
any additional terms that we establish on a per promotional code basis
(“PROMO CODES”). Promo Codes may only be used once per person. Only
Promo Codes sent to you through official AROMAOILGANICS communications channels
are valid. You agree that Promo Codes: (i) must be used for the
intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold, or transferred in any manner, or made available to the
general public (whether posted to a public form or otherwise), unless
expressly permitted by us; (iii) may be disabled by us at any time for
any reason without liability to us; (iv) may only be used pursuant to
the specific terms that we establish for such Promo Code; (v) are not
valid for cash; and (vi) may expire prior to your use.
- 4.5 DISPUTES. You must notify us in writing within seven
(7) days after receiving your credit card statement, if you dispute any
of our charges on that statement or such dispute will be deemed waived.
Billing disputes should be notified to the following address: Urb. Summit Hills, #600 Calle Collins, San Juan, Puerto Rico 00920.
- THIRD PARTY PAYMENT SERVICES PROVIDER. AROMAOILGANICS
uses Stripe Inc. (“STRIPE”) and PayPal, Inc. (“PAYPAL”) as a third party
service providers for payment services (e.g., credit card transaction
processing, merchant settlement, and related services). By using the
AROMAOILGANICS , you agree to be bound by Stripe’s US Terms of Service
available at HTTPS://STRIPE.COM/US/TERMS and Privacy Policy available at HTTPS://STRIPE.COM/US/PRIVACY; PayPal’s User Agreement available at HTTPS://WWW.PAYPAL.COM/US/WEBAPPS/MPP/UA/USERAGREEMENT-FULL and Privacy Policy available at HTTPS://WWW.PAYPAL.COM/US/WEBAPPS/MPP/UA/PRIVACY-FULL,
as applicable. You hereby consent to provide and authorize AROMAOILGANICS,
Stripe, Amazon Pay, and PayPal to share any information and payment
instructions you provide to the extent required to complete the payment
transactions in accordance with the Terms, including personal,
financial, credit card payment, and transaction information.
-
RESPONSIBILITY FOR CONTENT.
- 6.1 TYPES OF CONTENT. You acknowledge that all Content,
including AROMAOILGANICS, is the sole responsibility of the party from whom
such Content originated. This means that you, and not AROMAOILGANICS, are
entirely responsible for all Content that you upload, post, e-mail,
transmit or otherwise make available (“MAKE AVAILABLE”) through AROMAOILGANICS
(“YOUR CONTENT”), and that you and other Users of AROMAOILGANICS , and not
AROMAOILGANICS, are similarly responsible for all Content they Make Available
through AROMAOILGANICS (“USER CONTENT”).
- 6.2 NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge
that AROMAOILGANICS has no obligation to pre-screen Content (including, but
not limited to, User Content), although AROMAOILGANICS reserves the right in
its sole discretion to pre-screen, refuse or remove any Content. By
entering into the Terms, you hereby provide your irrevocable consent to
such monitoring. You acknowledge and agree that you have no expectation
of privacy concerning the transmission of Your Content, including
without limitation chat, text, or voice communications. In the event
that AROMAOILGANICS pre-screens, refuses or removes any Content, you
acknowledge that AROMAOILGANICS will do so for AROMAOILGANICS’s benefit, not yours.
Without limiting the foregoing, AROMAOILGANICS shall have the right to remove
any Content that violates the Terms or is otherwise objectionable.
-
OWNERSHIP.
- 7.1 AROMAOILGANICS. You agree that AROMAOILGANICS and its licensors
and suppliers own all rights, title and interest in AROMAOILGANICS. You will
not remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying
AROMAOILGANICS.
- 7.2 TRADEMARKS. AROMAOILGANICS’s stylized name and other
related graphics, logos, service marks and trade names used on or in
connection with AROMAOILGANICS are the trademarks of AROMAOILGANICS and may not be
used without permission in connection with any third-party products or
services. Other trademarks, service marks and trade names that may
appear on or in AROMAOILGANICS are the property of their respective owners.
- 7.3 OTHER CONTENT. Except with respect to Your Content,
you agree that you have no right or title in or to any Content that
appears on or in AROMAOILGANICS.
- 7.4 YOUR CONTENT. AROMAOILGANICS does not claim ownership of
Your Content. However, when you as a user post or publish Your Content
on or in 13MONEY , you represent that you own and/or have a
royalty-free, perpetual, irrevocable, worldwide, non-exclusive right
(including any moral rights) and license to use, license, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, derive revenue or other remuneration from, and communicate
to the public, perform and display Your Content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or later developed, for the full term of any
worldwide intellectual property right that may exist in Your Content.
- 7.5 LICENSE TO YOUR CONTENT. Subject to any applicable
account settings that you select, you grant AROMAOILGANICS a fully paid,
royalty-free, perpetual, irrevocable, worldwide, royalty-free,
non-exclusive and fully sub-licensable right (including any moral
rights) and license to use, license, distribute, reproduce, modify,
adapt, publicly perform, and publicly display, Your Content (in whole or
in part) for the purposes of operating and providing AROMAOILGANICS to you and
to our other users. Please remember that other users may search for,
see, use, modify and reproduce any of Your Content that you submit to
any “public” area of AROMAOILGANICS. You warrant that the holder of any
worldwide intellectual property right, including moral rights, in Your
Content, has completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant the license
stated above. You agree that you, not AROMAOILGANICS, are responsible for all
of Your Content that you Make Available on or in AROMAOILGANICS.
- FEEDBACK. You agree that submission of any
ideas, suggestions, documents, and/or proposals to 13MONEY (“FEEDBACK”)
is at your own risk and that AROMAOILGANICS has no obligations (including
without limitation obligations of confidentiality) with respect to such
Feedback. You represent and warrant that you have all rights necessary
to submit the Feedback. You hereby grant to AROMAOILGANICS a fully paid,
royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and
fully sub-licensable right and license to use, reproduce, perform,
display, distribute, adapt, modify, re-format, create derivative works
of, and otherwise commercially or non-commercially exploit in any
manner, any and all Feedback, and to sublicense the foregoing rights, in
connection with the operation and maintenance of .
- USER CONDUCT. As a condition of use, you agree
not to use AROMAOILGANICS for any purpose that is prohibited by the Terms or by
applicable law. You shall not (and shall not permit any third-party)
either (a) to take any action or (b) Make Available any Content on or
through AROMAOILGANICS that: (i) infringes any patent, trademark, trade
secret, copyright, right of publicity or other right of any person or
entity; (ii) is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy,
tortious, obscene, offensive, or profane; (iii) constitutes unauthorized
or unsolicited advertising, junk or bulk e-mail; (iv) involves
commercial activities and/or sales without AROMAOILGANICS’s prior written
consent, such as contests, sweepstakes, barter, advertising, or pyramid
schemes; (v) impersonates any person or entity, including any employee
or representative of AROMAOILGANICS; (vi) interferes with or attempts to
interfere with the proper functioning of AROMAOILGANICS or uses AROMAOILGANICS in
any way not expressly permitted by the Terms; or (vii) to attempt or
engage in, any potentially harmful acts that are directed against
AROMAOILGANICS , including but not limited to violating or attempting to
violate any security features of 13MONEY , introducing viruses, worms,
or similar harmful code into AROMAOILGANICS , or interfering or attempting to
interfere with use of AROMAOILGANICS by any other user, host or network,
including by means of overloading, “flooding,” “spamming,” “mail
bombing”, or “crashing” AROMAOILGANICS .
-
INTERACTIONS WITH OTHER USERS.
- 10.1 USER RESPONSIBILITY. You are solely responsible for
your interactions with other users of the Services and any other parties
with whom you interact through the Services; provided, however, that
AROMAOILGANICS reserves the right, but has no obligation, to intercede in such
disputes. You agree that AROMAOILGANICS will not be responsible for any
liability incurred as the result of such interactions.
- 10.2 CONTENT PROVIDED BY OTHER USERS. AROMAOILGANICS may
contain User Content provided by other users. AROMAOILGANICS is not responsible
for and does not control User Content. AROMAOILGANICS has no obligation to
review or monitor, and does not approve, endorse or make any
representations or warranties with respect to User Content. You use all
User Content and interact with other users at your own risk.
-
THIRD-PARTY WEBSITES. AROMAOILGANICS may contain links
to third-party websites ( “THIRD-PARTY WEBSITES”). When you click on a
link to a third-party website, we will not warn you that you have left
13MONEY and are subject to the terms and conditions (including privacy
policies) of another website or destination. Such Third-Party Websites
are not under the control of AROMAOILGANICS. 13MONEY is not responsible for any
Third-Party Websites. AROMAOILGANICS provides these Third-Party Websites only
as a convenience and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party
Websites, or their products or services. You use all links in
Third-Party Websites at your own risk. When you leave our Website, our
Terms and policies no longer govern. You should review applicable terms
and policies, including privacy and data gathering practices, of any
third-party websites, and should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any
third-party.
- INVESTIGATIONS. AROMAOILGANICS may, but is not
obligated to, monitor or review the Website at any time. Without
limiting the foregoing, AROMAOILGANICS shall have the right, in its sole
discretion, to remove any content for any reason (or no reason),
including if such content violates the Terms or any applicable law.
Although AROMAOILGANICS does not generally monitor user activity, if 13MONEY
becomes aware of any possible violations by a user of any provision of
the Terms, AROMAOILGANICS reserves the right to investigate such violations,
and AROMAOILGANICS may, at its sole discretion, immediately terminate the
user’s license to use the AROMAOILGANICS, or change, alter or remove any
content, in whole or in part, without prior notice.
- PRIVACY. You agree to the terms of our privacy policy available at http://WWW.AROMAOILGANICS.bigcartel/privacy-policy.
- INDEMFICATION. You agree to indemnify and hold
the AROMAOILGANICS Parties harmless from any losses, costs, liabilities and
expenses (including reasonable attorneys’ fees) relating to or arising
out of: (a) your use of, or inability to use, AROMAOILGANICS; (b) your
violation of the Terms; (c) your violation of any rights of another
party; or (d) your violation of any applicable laws, rules or
regulations. AROMAOILGANICS reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with
13MONEY in asserting any available defenses. You agree that the
provisions in this section will survive any termination of the Terms or
your access to AROMAOILGANICS.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, YOUR USE OF AROMAOILGANICS IS AT YOUR SOLE RISK, AND AROMAOILGANICS ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. AROMAOILGANICS PARTIES
EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AROMAOILGANICS PARTIES MAKE NO
WARRANTY, REPRESENTATION OR CONDITION THAT: (1) AROMAOILGANICS WILL MEET YOUR
REQUIREMENTS; (2) YOUR USE OF AROMAOILGANICS WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN AROMAOILGANICS WILL BE CORRECTED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL ANY 13MONEY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH AROMAOILGANICS OR ANY DAMAGES RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, WHETHER OR NOT AROMAOILGANICS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE
TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR
INABILITY TO USE 13MONEY OR (2) ANY OTHER MATTER RELATED TO AROMAOILGANICS ,
WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY
TO YOU ARISING OUT OF OR RELATED TO 13MONEY SHALL IN NO EVENT EXCEED
THE GREATER OF (A) THE AMOUNT RECEIVED BY 13MONEY AS A RESULT OF YOUR
USE OF 13MONEY OR (B) ONE HUNDRED DOLLARS ($100). YOU AND 13MONEY AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS,
13MONEY OR ANY CONTENT POSTED ON 13MONEY MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AROMAOILGANICS AND
YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied and posted on the
AROMAOILGANICS in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: (1) an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (2) a description of the
copyrighted work that you claim has been infringed; (3) a description of
the location on Company of the material that you claim is infringing;
(4) your address, telephone number and e-mail address; (5) a written
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law; and (6)
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. Contact
information for AROMAOILGANICS’s Copyright Agent for notice of claims of
copyright infringement is as follows: [email protected]
- TERM AND TERMINATION.
- 18.1 TERM. The Terms commence on the date when you
accept them (as described in the preamble above) and remain in full
force and effect while you use AROMAOILGANICS, unless terminated earlier in
accordance with the Terms.
- 18.2 TERMINATION. If timely payment cannot be charged to
your Payment Provider for any reason, if you have materially breached
any provision of the Terms, if we are required to do so by law (e.g.,
where the provision of any of AROMAOILGANICS is, or becomes, unlawful), or if
we choose to discontinue AROMAOILGANICS (in part or in whole), we have the
right to, immediately and without notice, suspend or terminate any
AROMAOILGANICSY provided to you. If we become aware of any possible violations
by you of the Terms, we reserve the right to investigate such
violations. In the event that we determine, in our sole discretion, that
you have breached any portion of the Terms, or have otherwise
demonstrated inappropriate conduct, we reserve the right to (i) warn you
via e-mail (to any e-mail address you have provided to us) that you
have violated the Terms; (ii) notify and/or send any content you have
provided to us to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or (iii) pursue any other action
which we deem to be appropriate. If, as a result of the investigation,
we believe that illegal activity has occurred, we reserve the right to
refer the matter to, and to cooperate with, any and all applicable legal
authorities. We are entitled, except to the extent prohibited by
applicable law, to disclose any information or materials on or in
AROMAOILGANICS in our possession in connection with your use of AROMAOILGANICS , to
(i) comply with applicable laws, legal process or governmental request;
(ii) enforce the Terms; (iii) respond to your requests for customer
service; or (iv) protect the rights, property or personal safety of
AROMAOILGANICS, its users or the public, and to comply with the requests of all
law enforcement or other government officials, as we in our sole
discretion believe to be necessary or appropriate. We reserve the right,
in our sole discretion, to immediately take any or all of the actions
set forth herein without any notice or warning to you. You agree that
all terminations shall be made in our sole discretion and that we shall
not be liable to you or any third-party for enforcing this provision.
If you want to terminate the Services provided by AROMAOILGANICS, you may do
so by (a) notifying AROMAOILGANICS at any time and (b) closing your Account for
all of the Services that you use. Your notice should be sent, in
writing, to Urb. Summit Hills, #600 Calle Collins, San Juan, Puerto Rico, 00920. Termination of
any Service includes removal of access to such Service and barring of
further use of the Service. Termination of all Services also includes
deletion of your password and all related information, files and Content
associated with or inside your Account (or any part thereof), including
Your Content. Upon termination of any Service, your right to use such
Service will automatically terminate immediately. You understand that
any termination of Services may involve deletion of Your Content
associated therewith from our live databases. AROMAOILGANICS will not have any
liability whatsoever to you for any suspension or termination,
including for deletion of Your Content. All provisions of the Terms
which by their nature should survive, shall survive termination of
Services, including without limitation, ownership provisions, warranty
disclaimers, and limitation of liability.
- INTERNATIONAL USERS. This Website can be
accessed from countries around the world and may contain references to
AROMAOILGANICS and other content that are not available in your country. These
references do not imply that AROMAOILGANICS intends to introduce such AROMAOILGANICS
or content in your country. AROMAOILGANICS are controlled and offered by
AROMAOILGANICS from its facilities in the United States of AROMAOILGANICS
makes no representations that AROMAOILGANICS are appropriate or available for
use in other locations. Those who access or use AROMAOILGANICS from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
- ARBITRATION
- 20.1 DISPUTE RESOLUTION. Please read this
Arbitration Agreement carefully. It is part of your contract with
AROMAOILGANICS and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- (A) Applicability of Arbitration Agreement. All claims
and disputes (excluding claims for injunctive or other equitable relief
as set forth below) in connection with the Terms or the use of any
product or service provided by AROMAOILGANICS that cannot be resolved
informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed, all arbitration proceedings shall be
held in English. This Arbitration Agreement applies to you and AROMAOILGANICS,
and to any subsidiaries, affiliates, agents, employees, predecessors in
interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under
the Terms.
- (B) Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to
the other party a written Notice of Dispute (“NOTICE”) describing the
nature and basis of the claim or dispute, and the requested relief. A
Notice to AROMAOILGANICS should be sent to: Urb. Summit Hills, #600 Calle
Collins, San Juan, Puerto Rico, 00920.
After the Notice is received, you and AROMAOILGANICS may attempt to
resolve the claim or dispute informally. If you and AROMAOILGANICS do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount
of any settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the
award, if any, to which either party is entitled.
- (C) Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall
be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating
the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.
- (D) Time Limits. If you or AROMAOILGANICS pursues arbitration,
the arbitration action must be initiated and/or demanded within the
statute of limitations (i.e., the legal deadline for filing a claim) and
within any deadline imposed under the JAMS rules for the pertinent
claim.
- (E) Authority of Arbitrator. If arbitration is initiated,
the arbitrator will decide the rights and liabilities, if any, of you
and 13MONEY, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an
individual under applicable law, the JAMS rules, and the Terms. The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is
based, including the calculation of any damages awarded. The arbitrator
has the same authority to award relief on an individual basis that a
judge in a court of law would have. The award of the arbitrator is final
and binding upon you and 13MONEY.
- (F) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient and less costly than rules applicable in a court and are
subject to very limited review by a court.
- (G) Waiver of Class or Consolidated Actions. ALL CLAIMS
AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- (H) Confidentiality. All aspects of the arbitration
proceeding, including but not limited to the award of the arbitrator and
compliance therewith, shall be strictly confidential. The parties agree
to maintain confidentiality unless otherwise required by law. This
paragraph shall not prevent a party from submitting to a court of law
any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
- (I) Severability. If any part or parts of this
Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific
part or parts shall be of no force and effect and shall be severed and
the remainder of the Agreement shall continue in full force and effect.
- (J) Right to Waive. Any or all of the rights and
limitations set forth in this Arbitration Agreement may be waived by the
party against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
- (K) Survival of Agreement. This Arbitration Agreement
will survive the termination of your relationship with AROMAOILGANICS.
- (L) Small Claims Court. Notwithstanding the
foregoing, either you or AROMAOILGANICS may bring an individual action in small claims court.
- (M) Emergency Equitable Relief. Notwithstanding the
foregoing, either party may seek emergency equitable relief before a
state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a waiver
of any other rights or obligations under this Arbitration Agreement.
- (N) Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject to
this Arbitration Agreement.
- (O) Courts. In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the
courts located within San Juan, Puerto Rico for such purpose.
- GENERAL PROVISIONS.
- 21.1 GOVERNING LAW. The Terms and any action related
thereto will be governed and interpreted by and under the laws of the
State of Virginia, consistent with the Federal Arbitration Act, without
giving effect to any principles that provide for the application of the
law of another jurisdiction. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to these Terms.
- 21.2 ELECTRONIC COMMUNICATIONS. The communications
between you and AROMAOILGANICS use electronic means, whether you visit AROMAOILGANICS
or send AROMAOILGANICS e-mails, or whether 13MONEY posts notices on AROMAOILGANICS or
communicates with you via e-mail. For contractual purposes, you (1)
consent to receive communications from AROMAOILGANICS in an electronic form;
and (2) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that AROMAOILGANICS provides to you
electronically satisfy any legal requirement that such communications
would satisfy if it were to be in writing. The foregoing does not affect
your statutory rights.
- 21.3 RELEASE. You hereby release AROMAOILGANICS Parties and
their successors from claims, demands, any and all losses, damages,
rights, and actions of any kind, including personal injuries, death, and
property damage that is either directly or indirectly related to or
arises from third-party websites or your use of AROMAOILGANICS.
- 21.4 ASSIGNMENT. The Terms, and your rights and
obligations hereunder, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without 13MONEY’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void.
- 21.5 FORCE MAJEURE. AROMAOILGANICS shall not be liable for any
delay or failure to perform resulting from causes outside its reasonable
control, including, but not limited to, acts of God, war, terrorism,
riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel,
energy, labor or materials.
- 21.6 COMPLIANCE. If you believe that 13MONEY has not
adhered to the Terms, please contact AROMAOILGANICS by emailing us at
[email protected]. We will do our best to address your concerns. If you
feel that your complaint has been addressed incompletely, we invite you
to let us know for further investigation.
- 21.7 NOTICE. Where AROMAOILGANICS requires that you provide an
e-mail address, you are responsible for providing AROMAOILGANICS with your most
current e-mail address. In the event that the last e-mail address you
provided to AROMAOILGANICS is not valid, or for any reason is not capable of
delivering to you any notices required/ permitted by the Terms,
AROMAOILGANICS’s dispatch of the e-mail containing such notice will nonetheless
constitute effective notice. You may give notice to AROMAOILGANICS at the
following address: AROMAOILGANICS, Urb. Summit Hills, San Juan, Puerto Rico, 00920.
Such notice shall be deemed given when received by AROMAOILGANICS by
letter delivered by nationally recognized overnight delivery service or
first class postage prepaid mail at the above address.
- 21.8 WAIVER. Any waiver or failure to enforce any
provision of the Terms on one occasion will not be deemed a waiver of
any other provision or of such provision on any other occasion.
- 21.9 SEVERABILITY. If any provision of the Terms is, for
any reason, held to be invalid or unenforceable, the other provisions of
the Terms will remain enforceable, and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to
the maximum extent permitted by law.
- 21.10 EXPORT CONTROL. You may not use, export, import, or
transfer AROMAOILGANICSY except as authorized by U.S. law, the laws of the
jurisdiction in which you obtained AROMAOILGANICS , and any other applicable
laws. In particular, but without limitation, AROMAOILGANICS may not be
exported or re-exported (a) into any United States embargoed countries;
or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied
Person’s List or Entity List. By using AROMAOILGANICS, you represent and
warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
You also will not use AROMAOILGANICS for any purpose prohibited by U.S. law,
including the development, design, manufacture or production of
missiles, nuclear, chemical or biological weapons. You acknowledge and
agree that products, services or technology provided by AROMAOILGANICS are
subject to the export control laws and regulations of the United States.
You shall comply with these laws and regulations and shall not, without
prior U.S. government authorization, export, re-export, or transfer any
products, services or technology provided by AROMAOILGANICS, either directly
or indirectly, to any country in violation of such laws and regulations.
- 21.11 ENTIRE AGREEMENT. The Terms are the final, complete
and exclusive agreement of the parties with respect to the subject
matter hereof and supersedes and merges all prior discussions between
the parties with respect to such subject matter.
End of Terms
