The following terms and conditions shall govern the materials, products and/or
services provided to you and other consumers all over the world by AuraSoothe Life-Healing
Sciences, LLC ("AuraSoothe™") from this web site (the "Site").
AuraSoothe™ offers effective skin care products that work as advertised - unconditionally guaranteed.
By accessing and using this Site, you acknowledge that you understand these Terms
and Conditions, and that you accept them and agree to be legally bound by them.
You should not use this Site if you have any objections to any of these Terms
and Conditions.
AuraSoothe™ may revise these Terms and Conditions over time as new features are added to
the Site or as Internet law and standards evolve. We will post those changes
prominently but we do recommend that you read these Terms and Conditions each
time you visit the Site. You agree to be bound by the specific terms and
conditions posted on the Site at the time an order is placed.
1. Copyright and Permissions
Please feel free to browse the Site. You may download or make single
copies of materials displayed on the Site for your own personal and
noncommercial use, provided all copies retain the copyright and other
proprietary notices displayed with the materials on the Site.
You may not download, transmit, copy or otherwise make available any
material from the Site, including any text or images, for public or commercial
use, without the prior written permission of AuraSoothe™; you also may not
distribute, transmit, display, perform, reproduce, publish, license, modify,
rewrite, create derivative works from, transfer or sell any material contained
on the AuraSoothe™ Site without our prior written permission.
None of the material contained on the Site (including all software,
HTML code and other code) may be reverse-engineered, disassembled, decompiled,
transcribed, stored in a retrieval system, translated into any language or
computer language, retransmitted in any form or by any means (electronic,
mechanical, photo-reproduction, recordation or otherwise), resold or
redistributed without the prior written permission of AuraSoothe™.
Except as otherwise noted, all content of the AuraSoothe™ Site is:
AuraSoothe™ has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us.
We can be reached by e-mail.
CLICK HERE
.
2. Trademarks/ServiceMarks
The trademarks, logos and service marks (collectively the "Marks") displayed on the
Site are registered and unregistered Marks of AuraSoothe™ and others. The
Marks identify AuraSoothe™ products and services, and inform the public that
AuraSoothe™ is the source of those products and services. Nothing contained on
the Site should be construed as granting any right or license to use any Mark
displayed on the Site. Your misuse of any Mark is strictly prohibited,
including without limitation, your use of the Marks in any of the following
ways:
In a non-AuraSoothe™ product name or publication title;
To identify products or services that are not AuraSoothe™ products;
In, as, or part of your own trademarks or services marks;
In a manner likely to cause confusion;
In a manner that implies inaccurately that AuraSoothe™ sponsors, endorses or is otherwise connected with your products, services or other activities; and
In a manner that disparages AuraSoothe™ or dilutes the Marks.
You are also advised that AuraSoothe™ will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of
criminal prosecution. You agree not to display or otherwise inappropriately
use the Marks without prior written permission from AuraSoothe™. Please make
such requests by e-mail. CLICK HERE
. We will evaluate your request and
respond as soon as possible.
3. Fair Use & Proper Attribution of Marks
You may make fair use of the Marks in news, advertising and promotional materials, and
in referring to our products and services (for example, in a consumer magazine
article) without our permission, provided you follow standard trademark usage
practices and provide proper attribution. Other uses require written
permission from AuraSoothe™. Please make such requests by e-mail.
CLICK HERE
. We will evaluate your request and respond as soon as possible. When
you use the Marks, please include the following brief statement of attribution:
"AuraSoothe™ is the trademark of AuraSoothe Life-Healing Sciences, LLC."
4. Privacy
The policy of AuraSoothe™ is to respect and protect the
privacy of our users. AuraSoothe™ includes as part of its mission, the constant
effort to build users' trust and confidence in the Internet by promoting fair
information practices. To fulfill this mission, AuraSoothe™ agrees to exercise
reasonable precautions to maintain the confidentiality of information provided
by you in connection with accessing and using this Site. AuraSoothe™ also
agrees to post prominently and in plain language its specific privacy policies.
5. Prices, Shipping and Handling Charges, Taxes and Customs
Prices are listed in the Products section of this Site. Other prices may be
obtained by telephoning 818-598-0765, by faxing 818-598-0573 or by sending an
e-mail message.
CLICK HERE
. Shipping and handling are additional
charges and not included in the list prices.
6. Payment Terms, Orders
Terms of payment shall be determined at the discretion of AuraSoothe™. Orders
can be placed from the Site.
7. Delivery
If you decide to order AuraSoothe™ products, delivery of the products will be by UPS.
Additional materials, instructions, reminders and other communications may be
sent via e-mail or regular mail. AuraSoothe™ may deliver the products ordered
in installments. All delivery dates given by AuraSoothe™ are estimates only
and AuraSoothe™ is not liable for any loss, damage, cost or expense for any
failure to deliver in accordance with delivery dates. Estimated delivery dates
are provided to the customer during the ordering process. If the products
cannot be delivered when stated, AuraSoothe™ will send an e-mail notification
informing you of the new date.
8. Products
All products will conform to the specifications of AuraSoothe™. If you believe
any product to be defective upon delivery but prior to use, you shall hold it
for inspection by AuraSoothe™. Products cannot be returned for credit after 30
days and products must not be opened or damaged in any way except pursuant to a
prior written agreement with AuraSoothe™. You can reach AuraSoothe™ by
e-mail. CLICK HERE
.
AuraSoothe™ reserves the right to discontinue delivery of
products and/or provision of its service at any time.
Determination of the suitability of products ordered is your sole responsibility.
AuraSoothe™ disclaims any responsibility in that regard.
9. Disclaimers and Limitation of Liabilities and Warranties AURASOOTHE™ SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR
INABILITY TO USE PRODUCTS. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AURASOOTHE™ MAKES NO WARRANTY,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO ANY OF THE PRODUCTS/MATERIALS/SERVICES, ALL OF WHICH
ARE BEING SOLD "AS IS." AURASOOTHE™ ASSUMES NO RESPONSIBILITY AND
SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.
10. Sharing Your Experiences
a. Submission
If you decide to share your experiences with us by sending written material and/or
photographs (your "Submission"), by sending your Submission you thereby grant
certain rights to AuraSoothe™ as follows: a non-exclusive, world-wide,
royalty-free license to distribute, transmit, post, publicly display, and
publicly perform your Submission in any medium, now known or yet to be
discovered, in perpetuity, including via this Site. By sending your
Submission, you also grant to AuraSoothe™ a non-exclusive license to use your
name, likeness and biographical information in connection with your Submission;
and you waive any moral rights or similar provisions that may be applicable,
including without limitation, the rights of Attribution and Integrity as
provided by federal copyright law, and any rights under droit moral, droit de
suite, the Lanham Act or the law of unfair competition.
b. Warranty/Indemnity
You warrant that your Submission shall be original to you and shall not violate the
rights of any third parties, including without limitation, any rights of
publicity or privacy, nor constitute a libel or slander against any person or
entity. You agree to indemnify, release, defend and hold AuraSoothe™ harmless
from and against any and all claims arising from or related to any breach of
your warranties.
11. Intellectual Property Limitation of Liability
AuraSoothe™ respects the intellectual property of others, and we ask visitors
to the Site to do the same. If you believe that your work has been used in a
way that constitutes copyright infringement, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to a designated Copyright Agent of AuraSoothe™:
Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on the Site;
A statement that you have a good faith belief that use of the disputed material
is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are the owner of an exclusive copyright that is
allegedly infringed or are authorized to act on the copyright owner's behalf;
Your address, telephone number, and email address; and
Your physical or electronic signature.
The designated agent of AuraSoothe™ for notification of claims of copyright infringement on the Site is Copyright Agent who can be reached as follows:
Address:
21107 Vanowen Street
Canoga Park CA 91303
Telephone:
818-598-0765
Fax:
818-598-0573
Similarly,
if you believe that any of your trademarks or service marks have been
infringed, please notify the designated agent of AuraSoothe™
12. Dispute Resolution
Any
action based on a breach of the terms herein shall be brought in the courts of the State of California, and to whose jurisdiction you
consent in such an action. If a breach is found by the court, the court shall
have the right to issue an injunction to prevent such a breach, and grant to
AuraSoothe™ its damages and attorneys' fees and such other and further relief
as the court may deem appropriate.
13. Applicable Laws and Jurisdictional Issues
This Site including any services and/or materials shall be governed by the laws
of the State of California. By visiting the Site,you consent to the
jurisdiction of the state courts as well as the Federal courts presiding in the Southern District
of California and you agree to accept service of process by mail. You hereby
waive any and all jurisdictional and venue defenses that might otherwise be
available.
Prescription
and over-the-counter medicines are regulated by government agencies in each
country, such as the Food and Drug Administration in the United States or the Medicines Control Agency in the United Kingdom. Those who choose to access and
use this Site do so at their own initiative and are responsible for compliance
with local laws, if and to the extent that local laws are applicable.
14. Force Majeure
Notwithstanding
any other provision contained in these Terms and Conditions, in the event that
the performance of any obligation of AuraSoothe™ is prevented due to acts of
God, exchange controls, export or import controls, or any other government
restriction, wars, hostilities, blockades, civil disturbances, revolutions,
strikes, lockouts, or any other cause beyond the reasonable control of
AuraSoothe™, then AuraSoothe™ shall not be responsible to you for any failure
or delay in the performance of its obligations. AuraSoothe™ shall promptly
notify you of such force majeure condition. The terms of this clause shall not
exempt, but merely suspend, AuraSoothe™ from its duty to perform until as soon
as practicable after a force majeure condition ceases to exist.
15. Headings
The headings of each of these Terms and Conditions are for convenience of
reference only. Such headings shall be ignored in the interpretation or
construction of any of these terms and conditions of sale.
16. No Assignment
You may not assign your rights or obligations under this Agreement without the
prior express written consent of AuraSoothe™.
17. Invalidity of Provisions
In the event that
any portion of these Terms and Conditions is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intention and the remainder of the
provisions shall remain in full force and effect.
18. No Waiver
Any
failure by AuraSoothe™ to insist upon or enforce strict performance of any
provision of these Terms and Conditions shall not be construed as a waiver of
any provision or right.
19. Complete Understanding
These Terms and
Conditions constitute the entire understanding between AuraSoothe™ and you with
respect to ordering data and/or services from the Site.
By USING THE SITE, you signify your assent to THESE
TERMS AND CONDITIONS and any subsequent modifications. As a condition of your
use of the Site, you warrant that you will not use the Site for any purpose
that is unlawful.
For more information about AuraSoothe™ or if you have any questions about our Terms and
Conditions, please contact us by e-mail.
CLICK HERE
We'll be happy to answer your questions or hear your concerns.
