USE OF SITE’S PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Essential Body website is for personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Essential Body’s website.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use or to place an order with Essential Body or to purchase Essential Body’s products. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Essential Body’s is strictly prohibited.
COPYRIGHTS AND TRADEMARKS
All material present on Essential Body, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is subject to intellectual property rights such as copyright, trademark and other property rights. This material is property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.
WEBSITE ERRORS, MISTAKES AND MISSING INFORMATION
Essential Body cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issues, Essential Body reserves the right to correct these errors without notification. Essential Body also reserves the right to cancel any order that may have been made under any pricing error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.
Harassment in any manner or form on the website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Essential Body’s employee, host, or representative or other members or visitors on the website is prohibited. You may not upload to, distribute or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Essential Body does not and cannot review all communications and materials posted to or created by users accessing the website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the website, Essential Body is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Essential Body reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene (b) fraudulent, deceptive or misleading (c) in violation of a copyright, trademark or other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Essential Body at its sole discretion.
Please note that except for any personally identifiable information, all customer feedback given to Essential Body shall be considered the property of Essential Body. This includes all customer communication, testimonials and contact information. By releasing this information to Essential Body, you are hereby giving Essential Body the non-exclusive, worldwide, perpetual, irrevocable, royalty-free and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Essential Body.
To provide increased value to our visitors, the Essential Body website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. However, even if the third party is affiliated with Essential Body, Essential Body has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Essential Body. Essential Body has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk.
Essential Body shall not be held liable for any damages resulting from the misuse of any Essential Body Luxury products. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the products strictly for the purpose they were designed for, and to ensure that the products are used in a safe and reasonable manner. Also, Essential Body shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
When purchasing a product from Essential Body, you are agreeing to pay any and all charges associated with the purchased product. This includes all related taxes (based on shipping destination) and possible shipping costs. When purchasing a product from Essential Body, you must also be of legal age, as dictated by your local laws.
Also, please note that Essential Body is not responsible for any and all losses, whether direct or indirect, exceeding the price of the products purchased.
Essential Body makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any External Sites.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESSENTIAL BODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ESSENTIAL BODY LUXURY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESSENTIAL BODY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ESSENTIAL BODY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Essential Body HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION
The user agrees to indemnify, defend and hold harmless Essential Body, its officers, directors, employees, agents, licensors and suppliers (collectively the Provider) from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms of service or any activity related to the users internet account (including negligent or wrongful conduct), by the user or any other person accessing the website using the users internet account.
USER RIGHT TO TERMINATION