Terms of Use And Purchase

Last Updated March 20, 2017

These Terms of Use and Purchase (“Terms of Use”) apply to your access to, and use of, the website of Aroma360, LLC (“Company”), located at www.aroma360.com (the “Site”), as well as your purchase of any of the product(s) and/or service(s) provided on the Site (the “Product(s)”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries, affiliates and/or partners, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING, PURCHASING A PRODUCT OR REGISTERING FOR THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, AGREEMENTS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PURCHASE ANY PRODUCTS ON THE SITE.

1. Changes to the Terms of Use

The Company may change these Terms of Use at any time. Upon any change in these Terms of Use, the Company will post the amended Terms of Use on the Site. Your continued use of the Site following such posting shall constitute your affirmative acknowledgement of the Terms of Use,  and any modification or amendment, and agreement to abide and be bound by the Terms of Use, as modified or amended.

2. Privacy Policy

Please refer to the Company’s Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information from its users. The Privacy Policy can be found here.

3. Using the Site 

  1. Eligibility. You must be at least eighteen (18) years of age to register for the Site or use the Site. Membership of the Site is void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.
  2. Limited License. You are granted a limited, non-transferable, non-sublicensable, revocable license to access and use the Site subject to the terms and conditions set forth in these Terms of Use.
  3. Registration. In order to register for the Site, you will need to provide certain personal information about yourself. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
  4. Communications from Company. By using, accessing, purchasing Products and/or registering for the Site, you agree and consent to receive certain communications in connection with the Site and the Products.  

4. Ownership in Site Content

All content on the Site, including, without limitaton, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. Company also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

5. Prohibited User Conduct

You are prohibited from using the Site or the Site Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. The Company reserves the right to terminate your use of the Site or any related website for violating any of the prohibited uses set forth in these Terms of Use.

6. User Content

The Site may include areas in which users may post content and information (the “User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site. You are solely responsible for your use of the Site and your use is at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Enforcement of the User Content or the conduct rules set forth in these Terms of Use is solely at Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of Company’s right to enforce such rules in other instances.

Company is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, guide or other area of the Site. Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Site, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

You grant Company and its partners and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content throughout the world in any media whether now know or hereinafter created. You also grant Company and its partners, affiliates, assignees and sublicensees the right to use the name that you submit in connection with such User Content.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site (b) you have the authority to grant the rights granted herein; (c) the User Content is accurate and not misleading; and (d) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

7. Products

Certain Products may be available exclusively online through the Site. These Products may have limited quantities. All Products are subject to return or exchange only according to our Refund Policy.

The Company has made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. However, the Company cannot guarantee that your computer monitor’s display of any color will be accurate. The Company reserves the right, but is not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any Products that it offers. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of the Company. The Company reserves the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.

The Company does not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.

8. Accuracy of Billing Information and Account Information

The Company reserves the right to refuse any order you place with us. The Company may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, the Company may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Company can complete your transactions and contact you as needed.

9. Links to Third Parties

This Site may contain links to other websites for the convenience of Company’s users. These other sites have not been reviewed by the Company and are maintained by third parties over which the Company exercises no control. The Company expressly disclaims any responsibility for the content, policies and practices of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other websites. These links do not imply, directly or indirectly, Company’s endorsement of or affiliation with any other website or website owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that the Company’s terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked website.

10. Indemnification

You agree to defend, indemnify and hold the Company and its parent, subsidiaries, partners, service providers, affiliates, officers, employees, and agents (“Company Related Parties”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your User Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; and/or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

11. Limited Product Warranty

Subject to and in accordance with this Section 11, the Company warrants and represents that the Company’s Diffuser Products (specifically excluding, however, the Aroma Oils) shall be free from defects in materials and workmanship for a period of:

Mini360, Picasso360 - 90 days from the date of your original purchase from the Company (“Limited Warranty Period”).

Refurbished Units -  90 days from the date the order was processed.

DaVinci360, VanGogh360 and Museum360 - 12 months from the date of purchase.

During the Limited Warranty Period, your exclusive remedy, and the Company’s sole obligation, in the event of any warranty claim shall be for the Company to repair, replace or pay you the reasonable cost of repairing or replacing the defective Diffuser Product. The Company’s total liability under this limited warranty is limited to the purchase price of the defective Diffuser Product. You must notify the Company in writing of the existence of any defect subject to this limited warranty within a reasonable amount of time after you discover such defect. This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance (which includes the use of oils not purchased from the Company), misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of God. This limited warranty further does not cover any damage, deterioration or malfunction resulting from (i) the installation or removal of the Diffuser Products from any installation, (ii) any unauthorized tampering with the Diffuser Products, (iii) any negligence, improper action or inaction, or willful or malicious acts by any party other than the Company, (iv) any repairs attempted by anyone unauthorized by the Company to make such repairs, and/or (v) any other cause which does not relate directly to a defect in materials and/or workmanship of the Diffuser Products. Only the original customer is covered under this limited warranty and this limited warranty is not transferable to any subsequent purchaser(s) or owner(s) of the Diffuser Products.

12. Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) THE USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SITE. THE COMPANY AND THE COMPANY RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

THE COMPANY AND THE COMPANY RELATED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

13. General Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR THE COMPANY RELATED PARTIES  BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO (I) YOUR USE OF, OR INABILITY TO USE, THE SITE, (II) YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS, OR (III) THESE TERMS OF USE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE COMPANY AND/OR THE COMPANY RELATED PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY AND/OR THE COMPANY RELATED PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. Electronic Contracting and Notices

Your affirmative act of using this Site, purchasing Products and/or registering for the Site constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

16. Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Company’s copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Site; (iv) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Aroma360, LLC
Attn: DMCA Agent
999 Yamato Road, Suite 101
Boca Raton, FL 33431
contact@aroma360.com 

17. Termination

The Company may terminate and/or suspend your account immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your account. The Company may also cancel or suspend your account for any other reason, including inactivity for an extended period. The Company shall not be liable to you or any third party for any termination of your access to the Site. Sections 4, 7, 8 10, 11, 12, 13 and 19 shall survive termination or expiration of these Terms of Use.

18. Assignment

The Company may assign these Terms of Use at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of the Company to another entity. The Company will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

19. Choice of Law; Venue; Class Action Waiver

These Terms of Use shall be construed and enforced in accordance with and governed by the laws of the State of Florida (without giving effect to any conflicts or choice of laws or provisions thereof that would cause the application of the domestic substantive laws of any other jurisdiction). The parties expressly and irrevocably consent to the exclusive venue, and each further agree to submit to the exclusive jurisdiction of, the Federal and State courts located in Palm Beach County, Florida relating to any disputes between them arising out of or relating to these Terms of Use or their relationship. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

20. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and the Company and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

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