Last Updated March 20, 2017
3. Using the Site
- 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.
- 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
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:
- User Content that is false, misleading, unlawful, libelous, defamatory, infringing, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, hateful, or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
- Any answers, responses, comments, opinions, analysis or recommendations that you are not properly qualified to provide; and/or
- User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person or entity from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
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.
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.
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 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
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
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:
Attn: DMCA Agent
999 Yamato Road, Suite 101
Boca Raton, FL 33431
19. Choice of Law; Venue; Class Action Waiver
20. Entire Agreement