Last Modified: October 1, 2022
Our Website is not intended for persons who are less than 16 years of age. Our Website is additionally or alternatively not intended for persons younger than a legal age to enter into a binding agreement with Us. Do not access the Website or utilize any Edens Garden Services provided therein if You are a person who is less than 16 years of age and/or a person that is younger than a legal age to enter into a binding agreement with Us.
DESCRIPTION OF SERVICE
Edens Garden, through the Website, provides information and on-line retail store services on a range of products including but not limited to essential oils, base or carrier oils, essential oil diffusers, jewelry, bags, costumes, inhalers, stickers, bottles, pipettes, and carrying cases for essential oils. Edens Garden provides the Website to convey information to You about its products and to provide Edens Garden Services to You to, for example, allow You to purchase products from the Website, leave comments about Our products, or contact Us via the Website. You may connect to the Website using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to access the Internet.
When You use the Website or convey electronic messages from Your Internet connected device (e.g., a desktop or mobile device) to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically, such as e-mails, texts, mobile push notices, or notices and messages from Us, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTSThe Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Edens Garden and are or may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Sale of Edens Garden products through third party facilitated sites (e.g., Amazon.com, eBay.com, etc.) is not authorized or permitted. Edens Garden reserves the right to not sell or supply any products to any entity that is found to be selling Edens Garden products on third party facilitated sites.
COPYRIGHTAll content included in or made available through the Website and Edens Garden Services, such as text, graphics, logos, illustrations, still images (photographs), video images, video or audio sequences, digital downloads, data compilations, and software is the property of Edens Garden and protected by United States and international copyright laws. The compilation of all content included in or made available through the Website or any Edens Garden Services is the exclusive property of Edens Garden and protected by United States and international copyright laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without Our prior written consent, except as follows:
· Your computer may temporarily store copies of such materials in random access memory (RAM) incidental to Your accessing and viewing those materials.
· You may store files that are automatically cached by Your web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
· Modify copies of any materials from this site.
· Use any text, graphics, logos, illustrations, still images (photographs), video images, video or audio sequences, digital downloads, data compilations, or software separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on the Website.
TRADEMARKSEdens Garden owns and retains all rights to all registered trademarks owned by Edens Garden Essentials in the United States and other countries, including but not limited to registrations for “Edens Garden” and the stylized letters “EG”, and also owns and retains all rights to additional graphics, logos, page headers, scripts, slogans, and product names included in or made available through the Website that are trademarks or trade dress of Edens Garden in the United States and other countries (individually or collectively referred to as “Edens Garden’s Trademarks”). Edens Garden’s Trademarks may not be used in connection with any product or service that is not Edens Garden’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Edens Garden. To protect Edens Garden’s valuable intellectual property You must not use any or all of the Edens Garden’s Trademarks for any purpose, including but not limited to advertising, without the express written consent of Edens Garden. All other trademarks not owned by Edens Garden that appear in the Website or in use with Edens Garden Services are the property of their respective owners.
ACCESSING THE WEBSITE AND ACCOUNT SECURITYWe reserve the right to withdraw or amend the Website, and any Edens Garden Service or product We provide on the Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users.
If You choose, or are provided with, a username (a.k.a. a customer name), password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Website or portions of the Website using Your username, password, or other security information. You agree to notify Edens Garden immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other Personal Information.
YOUR ACCOUNTYou may need Your own Edens Garden account to use certain Edens Garden Services, and You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging Your selected payment method, We may charge any other valid payment method associated with Your account.
USER CONTRIBUTIONSThe Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials and You may send Us reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information (collectively, "User Contributions") on or through the Website. User Contributions must not contain content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to Edens Garden or third parties or objectionable. User Contributions must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address (e.g., an email address constituted to appear as if it were an email address belonging to a person other than You), impersonate any person or entity, or otherwise mislead as to the origin of the User Contributions. Edens Garden reserves the right (but not the obligation) to remove or edit any User Contributions but does not regularly review User Contributions.
TERMINATIONEdens Garden has the right to:
· Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
· Disclose Your identity or other Personal Information to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other Personal Information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EDENS GARDEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
CHANGES TO THE WEBSITEWe may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material. All advertising, promotions, special packaging and/or prices posted on the Website are subject to change without prior notice.
LINKS FROM THE WEBSITEIf the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. Edens Garden has not reviewed all of the sites accessible through these links and is not responsible for the content of any pages, lists, or any other sites accessed by these links from Our Website. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use established by such third-party Websites.
GEOGRAPHIC RESTRICTIONSThe owner of the Website is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that We cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EDENS GARDEN NOR ANY PERSON ASSOCIATED WITH EDENS GARDEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EDENS GARDEN NOR ANYONE ASSOCIATED WITH EDENS GARDEN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ALL MATERIALS, OPINIONS, AND RECOMMENDATIONS PROVIDED ON THE WEBSITE ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. CONSULT YOUR OWN PHYSICIAN REGARDING THE APPLICABILITY OF ANY OF THESE MATERIALS, OPINIONS, OR RECOMMENDATIONS WITH RESPECT TO YOUR SYMPTOMS OR MEDICAL CONDITION. ESSENTIAL OILS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
TO THE FULLEST EXTENT PROVIDED BY LAW, EDENS GARDEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EDENS GARDEN, ITS AFFILIATES, OR THEIR LICENSORS, ASSIGNS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PRODUCTS OBTAINED THROUGH THE WEBSITE, THE WEBSITE ITSELF, EDENS GARDEN SERVICES, ANY WEBSITES LINKED TO THE EDENS GARDEN WEBSITE, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE UNLESS SPECIFIED IN WRITING.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WAIVER AND SEVERABILITY