The terms “us” or “we” or “our” refers to [Our Company], the owner of this SITE. A “Visitor” is someone that merely browses our SITE. A “Member” is someone who has registered with our SITE to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and [Our Company].
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [Our Company], and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
[Our Company] grants you a non‐exclusive, non‐transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non‐commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee‐employer or franchisor‐franchisee relationship between you and [Our Company].
Eligibility and Registration for Membership
To use our Services, you must register with our SITE to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our SITE cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our SITE are not necessarily the opinions of [Our Company]. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up‐to‐date. Similar to any printed materials, the Content may become out‐of‐ date.
We undertake no obligation to update any Content on our SITE. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our SITE will be error‐free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our SITE will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our SITE or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our SITE or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and [Our Company] or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third‐party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON‐INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant SITEs. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
[Our Company] is not responsible or liable in any manner for any Content posted on our SITE or in connection with our Services, whether posted or caused by Members of our SITE, or by [Our Company]. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our SITE or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our SITE or Services. [Our Company] is not responsible for the conduct, whether online or offline, of any user of our SITE or Services.
Our SITE or Services may be temporarily unavailable from time to time for maintenance or other reasons. [Our Company] assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
[Our Company] is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our SITE or Services, including without limitation any software provide through our SITE or Services.
Under no circumstances will [Our Company] be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our SITE or Services, or any interactions between Users of our SITE or Services, whether online or offline.
[Our Company] reserves the right to change any and all Content, software and other items used or contained in our SITE or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our SITE, by third parties or by any of the equipment or programming associated with or utilized by our Services.
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product in your local shop will be the same as that included on the Site. [Our Company] controls and operates the Site from its headquarters in Zionsville, Indiana, in the United States of America. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States and we will not be able to fill your order if you require shipping outside of the United States.
Packaging & Colors
[Our Company] attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on several factors; the photography process, your monitor, and possible changes in printing during batch changes. Though we cannot guarantee that the color of our packaging your monitor displays, it will be extremely close and will not affect the quality of the product.
Refunds & Returns
We guarantee your satisfaction with all [Our] merchandise. You may return any of our products, with your receipt, for a merchandise exchange, credit, or a full refund of the purchase price (minus shipping and handling charges) within (30) days of purchase. If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments. Please visit our Returns & Refunds to read more about how to returns.
Prices and availability of [Our] products and services listed on the SITE are subject to change without notice. The listing, description of, or reference to, a product or service on the SITE does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or for any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
In compliance with FAA regulations, we are unable to ship products containing alcohol via the US Postal service. We DO NOT accept orders for P.O. Box addresses. Our printing labels are a direct output of your registration process, we are not responsible for errors in printing labels.
Product and Service Availability
“Promotional” and “Free Gifts” are assembled individually at shipping and may vary slightly. [Our Company] reserves the right to substitute a product of equal or higher value and nature if the original product becomes unavailable.
You are responsible for any and all payments due for products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate. Currently, we collect sales tax in the state of Colorado only.
Our Intellectual Property
Our SITE may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our SITE or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of [Our Company]. [sol-is] body care, LLC is, unless otherwise stated, the owner of all copyright, trademark, patent, database and other proprietary rights in the SITE and its contents. Without limitation of the foregoing, we own a copyright in the SITE as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the SITE. You may not publish, distribute, extract, re-utilize, or reproduce any part of the SITE in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in copyright notice or as permitted by the United States Copyright Act.
All brand, product and service names used in the SITE are the trademarks, trade names or service marks of [Our Company] unless otherwise stated. You shall not distribute products, sell, or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of [Our Company] or the legal owner of such trade marks, trade names or service marks.
Our Content, as found within our SITE and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our SITE and Services does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our SITE will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains 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 where the material that you claim is infringing is located on our SITE;
4) Your address, telephone number, and email address;
5) A 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.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Amendment of the Terms