Terms of Service
Family Self Care Terms of Service
Last updated: April 3 rd 2019
Family Self Care, Inc. (together with its affiliates, “Company”, “our”, or “we”) provides essential oil dispensers, essential oils, and associated online and mobile services (the “Software”) through or in connection with our website (the “Site”) and mobile application (the “App”) (collectively, the “Service”).
These terms and conditions govern your access to and use of the Service, and constitute a binding legal agreement between you and Company (the “Agreement”). Please note that different or additional terms (such as our Online Ordering Terms and Conditions) may apply to some services or features offered through the Service (an Additional Agreement”).
If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that Legal Entity.
You acknowledge and agree that, by accessing, purchasing, or using the Service, you are indicating that you agree to be bound by the Agreement whether or not you ave created an Account (defined below), or otherwise registered with the Site and/or the App. If you do not agree to the terms of this Agreement then you must not access or use any of the Service. IMPORTANT NOTICE: YOUR USE OF THE SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 10, REQUIRING ALL CLAIMS TO BE ESOLVED VIA BINDING
1. Updates to this Agreement
Company reserves the right, at its sole discretion, to modify, discontinue, or terminate the Service.
Company may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Service or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of this Agreement. By continuing to access or use the Service fter we have posted the modification on the Service or provided you with notice of a modification, you indicate that you agree to be bound by the modified greement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Service.
2. Your Account
2.1 Creating and Maintaining a Company Account
In order to use the Service to make any purchases or receive and products or services from Company, you must register for an account (the “Account”). To create an Account, you must provide certain information and establish a username and a password. You agree to provide—and maintain over time—accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
You are responsible for safeguarding your Account log-in credentials. You agree not to disclose your credentials to any third party. You are solely responsible for all activities under your Account, whether or not you have authorized such activities. You must immediately notify Company of any unauthorized use of your Account or if you believe the security of your Account credentials has been compromised.
2.3 Canceling Your Account
You may cancel your Account at any time by sending an email to firstname.lastname@example.org or deleting your Account on the Site. Canceling your Account does not relieve you of the obligation to pay any and all remaining amounts owing under this Agreement or any applicable separate agreement, nor does canceling your Account entitle you to any refund or credit on monies paid or owed.
3. Your Responsibilities
As a condition to continued access to your Account, you represent, warrant and covenant that:
(a) you have the legal capacity to agree to the Agreement;
(b) you will comply with all applicable laws and regulations in connection with your use of the Service, including but not limited to applicable privacy and data protection laws and regulations;
(c) you will not resell the Service or the elements thereof;
(d) you will not copy, reproduce, distribute, publicly perform, or publicly display Company Technology (defined below), except as expressly permitted by us or our licensors;
(e) you or Your Content (defined below) will not violate any applicable law, contract, intellectual property, right to privacy or publicity, or other third-party right, or commit a tort;
(f) Your Content is not harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, sexual in nature, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
(g) you will not commit fraud or conduct other unlawful activity, including using stolen payment information to make a purchase;
(h) you will not access or attempt to access another user’s account without authorization from that user and Company;
(i) you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
(j) you will not connect to or access any Company computer system or network without authorization;
(k) you will not use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service in any manner; (l) except as expressly authorized under the access and use rights ranted to you in this Agreement, you will not use, copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Service is based; and (m) you will not develop or use any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.
4. Intellectual Property Rights
4.1 Company’s Ownership
The Service and all related content, images, logos, trademarks, videos, testimonials, templates, and materials, the designs of each of the foregoing (collectively, the “Company Technology”), and any and all intellectual property rights in the foregoing, as between Company and you, shall at all times remain the exclusive property of Company and its third-party licensors.
4.2 Your Right to Access and Use the Service and Company Technology
On the condition that you comply with all your obligations under this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable (except as provided herein) right to access and use the Service and Company Technology to learn about and purchase Company’s products and services. Any use of the Service that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Service. Your access to the Service is provided on a temporary basis with no guarantee for future availability. Without limiting the prior sentence, Company may terminate your access to the Service and the Company Technology immediately in the event you violate the terms of this Agreement or at any time as deemed necessary by Company in its sole judgment to protect the Service, Company Technology, or other users of the Service. Any use of the Service or Company Technology other than as specifically authorized in this Agreement or without our prior written permission is strictly prohibited and will terminate the access and use rights granted under this Agreement. You may not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4.3 Your Content
The Service may allow you to submit or upload your own content such as reviews, images, comments, or questions, or you may separately provide to us your uggestions, feedback, ideas for improvements or other materials and information (collectively, “Your Content”). “Your Content” excludes any Company Technology contained therein or on which Your Content is based. By submitting Your Content to the Service, you grant Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub- licensable, and transferable license under any and all rights in and to Your Content to: (i) use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit
4.4 Proprietary Rights Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company (“Company Trademarks”). Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks
or registered trademarks of their respective parties (“Third Party Trademarks”). Nothing in this Agreement grants you any right to use Company Trademarks or Third Party Trademarks.
5. Online Orders
You agree to timely pay all amounts due for the Service as set forth in an online cart, quote, or invoice made available or provided to you by Company and in accordance with our Online Ordering Terms and Conditions. You acknowledge and agree that the supplemental terms and conditions contained in our Online Ordering Terms and Conditions apply in addition to this Agreement and is expressly incorporated herein. Please read our Online Ordering Terms and Conditions for more details.
6. Termination and Account Cancellation
Company will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Account or terminate the Agreement and/or your right or ability to access or use any of the elements of the Service if: (a) you breach this Agreement; (b) your use of the Service poses a security risk to, or otherwise adversely impacts, the Service or any third party; (c) your use of the Service subjects Company or any third party to liability; (d) your use of the Service may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. In the event of such suspension, disablement, or termination, you acknowledge that: (i) Company will have no further obligation to provide the Service to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the elements of the Service or that was related to your Account, and Company will have no obligation to maintain, or forward you, Your Content; and (iv) you will remain liable for all fees and charges due. Such suspension, disablement or termination will not affect your obligations to Company (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination.
THE SERVICE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. COMPANY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICE, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS
REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Company, its affiliates, and their officers, directors, employees, agents, and licensors (collectively, the “Indemnified Parties”), harmless from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) your access to or use of the Service;
(ii) Your Content; or
(iii) your violation of this Agreement.
9. Limitation of Liability
THE INDEMNIFIED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICE WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE (3) MONTHS FOR USE OF THE SERVICE; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SERVICE, FROM THE USE OR INABILITY TO USE THE SITE OR SITE CONTENT, OR FROM ANY
COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST THE INDEMNIFIED PARTIES.
10. Controlling Law; Agreement to Arbitrate
10.1 Choice Of Law
This Agreement and the rights of the parties hereunder will be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
To the extent feasible, the parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access to the Service, this Agreement, or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the parties, such Dispute(s) will be determined by arbitration in the English language in New York County, New York before a single arbitrator. The arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the Streamlined Arbitration Rules and Procedures ( “Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and Company agree that the state or federal courts sitting in New York County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
10.3 Conduct of Arbitration
The arbitration will be commenced by the claimant party filing a demand for arbitration with JAMS and serving the demand on the opposing party. Within 30 calendar days of the date the demand for arbitration is filed, the parties will select an arbitrator by following the Rules’ arbitrator selection procedures. Except as may be required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration under this Agreement without the prior written consent of both parties. The arbitrator’s award will be in writing, in the English language, and accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
10.4 Costs; Judgment
The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
10.5 Arbitration is on an Individual Basis Only; Class Action Waiver
THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS SECTION 10 WILL REMAIN IN FORCE.
The Agreement, including any Additional Agreement, is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Company have executed a separate agreement governing your use of the Service, in which case such separate agreement(s) will control in relation to the relevant elements of the Service. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in any purchase order or other ordering documents that are inconsistent with or in addition to the terms and conditions of the Agreement are
hereby rejected by Company and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to do so, without such consent, will be void. Company may assign or transfer the Agreement, at its sole discretion, without restriction. Company may assign your Account for collection, and the collection agency may pursue claims limited to the collection of past due and owing amount and any interest or cost of collection permitted by law or the Agreement in any court of competent jurisdiction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. Company will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site or your Company Account. You should deliver all notices to Company by sending an email to: email@example.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
If you have questions about these Terms of Service, you may contact firstname.lastname@example.org.