Terms of Use
We are so glad you are joining us on-line at the Life Aromatherapy LLC (“LIFE”) website (“Website”) and thank you for reviewing our Terms of Use. We hope you enjoy our products for many years to come. Life makes this Website, including all information, documents, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Use set forth in this document. The Terms of Use spell out what you can expect from us and what we expect from you.
1. Acceptance of Terms of Use and Non-Transferability.
By using this Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Use”). Please read these following Terms of Use carefully. If you do not agree to the Terms of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website or merely browsing this Website, you agree to and are bound by these Terms of Use.
LIFE reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor (“User”), so we suggest that you review the current Terms of Use at the start of each visit to the Website. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates. A User’s right to use this Website is not transferable.
2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Life Aromatherapy LLC and protected by United States and international copyright laws. Copyright 2005-2008 Life Aromatherapy LLC. All Rights Reserved. LIFE does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from LIFE. Users may not provide copyrighted or other proprietary information to LIFE without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Trademarks.
LIFE owns trademarks for its many goods. These and other LIFE graphics, logos and service marks are trademarks of LIFE and may not be used without prior written consent of LIFE. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
C. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to LIFE in connection with your use of this website shall be the exclusive property of LIFE. User agrees that unless otherwise prohibited by law LIFE may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
D. Linking
If you have a website and wish to establish temporary or permanent links from your website to this Website, you must link to our homepage only. If you would like to link to another location within our website you will need to receive written permission from us.
3. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and service is at User’s sole risk. Neither LIFE, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with LIFE, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY LIFE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LIFE AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LIFE AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
LIFE AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LIFE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIFE AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LIFE OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LIFE RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LIFE AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LIFE GOODS OR SERVICES, FROM INABILITY TO USE THE LIFE GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LIFE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.
4. Third Party Links.
This Website contains several links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of LIFE, and the existence of a link on the Website does not necessarily imply any endorsement of the linked websites by LIFE or any affiliation between LIFE and the owners of the linked websites. LIFE makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that LIFE has no responsibility to you with respect to such material. LIFE encourages you to examine the privacy policies and/or terms of use policies of any third party website.
5. Online Conduct.
The User agrees to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by LIFE to be in conflict with the spirit or intent of this Website.
6. Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website and destroying all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from LIFE if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise.
7. International Users.
The Website can be accessed from locations around the world. LIFE makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.
8. Security.
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website, including e-mail address, credit card number, and other payment related information.
LIFE reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
9. Payment Verification.
LIFE reserves the right to refuse service or decline orders for any reason. Accordingly, LIFE may request written verification and proof of a user’s identity by supplying us with a copy of government issued photo identification at its sole discretion.
10. Risk of Loss.
All items purchased from the Website, including but not limited to gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Arbitration.
Any dispute relating in any way to your visit to Website shall be submitted to confidential arbitration in Phoenix, Arizona, except that, to the extent you have in any manner violated or threatened to violate LIFE intellectual property rights, LIFE may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of Arizona. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise.
12. Applicable Law/Jurisdiction.
This Website is hosted by LIFE in the State of Arizona. As such, by visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the State of Arizona will govern these disclaimers, Terms of Use, and Privacy Policy, without giving effect to any principles of conflicts of laws. LIFE reserves the right to make changes to its Website and these disclaimers, Terms of Use, and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Arizona.
13. Waiver/Severability.
The failure of LIFE to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of LIFE’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
14. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
15. Entire Agreement.
These Terms of Use constitute the entire agreement between the User and LIFE with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use or Privacy Policy will be effective only if in writing and signed by LIFE.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Date Last Modified: July 3, 2008
These Terms of Use may be changed at any time, without prior notice.