Terms of Use
Last Modified: October 1, 2022
ACCEPTANCE OF THE TERMS OF USE
These Terms of Use are entered into by and between you the user (“You,” “Your”) and Edens Garden Essentials Corporation (dba Edens Garden®) (“Edens Garden,” “Our,” “Us,” “We”). These Terms of Use govern Your access to and use of the Edens Garden website www.edensgarden.com (the "Website"), including any content, functionality, and services (“Edens Garden Services”) offered on or through the Website, whether as a guest or a registered user (a.k.a. a registered customer).Please read these Terms of Use carefully before You begin to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use and Edens Garden’s Privacy Policy and Cookies Policy, incorporated herein by reference. Please review thePrivacy Policy andCookies Policy to understand Our privacy policies and practices and how we use cookies. Personal Information as used herein is defined in Edens Garden’sPrivacy Policy. If You do not agree to these Terms of Use, thePrivacy Policy, or theCookies Policy, You must not access the Website or utilize any Edens Garden Services, including but not limited to purchasing products and electronic communication services (e.g., Our blog) provided therein.
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.
ELECTRONIC COMMUNICATIONS
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 RIGHTS
The 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.These Terms of Use permit You to Use the Website for Your personal, non-commercial Use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
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.
COPYRIGHT
All 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.
TRADEMARKS
Edens 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.
LICENSE AND ACCESS
Subject to Your compliance with these Terms of Use, Edens Garden grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and Edens Garden Services. This license does not include any resale or commercial use of any Edens Garden product or Edens Garden Service; any collection and use of any product listings, images, descriptions, or prices; any derivative use of the Website or its contents or any Edens Garden Service; any downloading, copying, or other use of any information or images for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms of Use are reserved and retained by Edens Garden, its affiliates, licensors, successors, and assigns. No Edens Garden Service, nor any part of the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Edens Garden. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form associated with such trademark, logo, or other proprietary information) of Edens Garden without express written consent of Edens Garden. You may not use any meta tags or any other "hidden text" utilizing the tradename/brand name Edens Garden or Edens Garden’ trademarks without the express written consent of Edens Garden. You may not misuse the Edens Garden Services. You may use the Edens Garden Services only as permitted by law. The licenses granted by Edens Garden terminate if You do not comply with these Terms of Use.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website and Edens Garden Services thereafter.Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page frequently, so You are aware of any changes, as they are binding on You.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We 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.To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Our Privacy Policy and Our Cookies Policy and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.
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.
Edens Garden has the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Edens Garden. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent, or other laws.
YOUR ACCOUNT
You 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 CONTRIBUTIONS
The 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.If You do send Us User Contributions, and unless We indicate otherwise, You grant Edens Garden (including its affiliates, licensors, successors, and assigns) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Edens Garden the right to use the name or other Personal Information that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the User Contributions that You post on the Website or send to Us; that the User Contributions are accurate; that use of the User Contributions You supply does not violate these Terms of Use and will not cause injury to any person or entity; and that You will indemnify Edens Garden for all claims resulting from User Contributions You supply. Edens Garden has the right but not the obligation to monitor and edit or remove any User Contributions. Edens Garden takes no responsibility and assumes no liability for any User Contributions posted by You or any third party.
TERMINATION
Edens Garden has the right to:· Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
· Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including if We believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Edens Garden.
· 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.
· Terminate or suspend Your access to all or part of the Website or Edens Garden Services or cancel orders placed using Edens Garden Services, for any or no reason, including without limitation, any violation of these Terms of Use.
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 WEBSITE
We 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.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All Personal Information We collect on the Website is subject to Our Privacy Policy and Our Cookies Policy. By using the Website, You consent to all actions taken by Us with respect to Your Personal Information in compliance with the Privacy Policy and the Cookies Policy.
LINKS FROM THE WEBSITE
If 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 RESTRICTIONS
The 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.
CONSENT TO RECEIVE NOTIFICATIONS
From time to time we may use Your Personal Information to send You notifications that We believe You may find important and/or useful. By agreeing to these Terms of Use, You consent to Our use of Your Personal Information in this manner. You have the right to withdraw Your consent at any time. Examples of the types of notifications include: notifications about Your customer account and/or subscription, if offered now or in the future, including expiration and/or renewal notices; notifications about promotions, products, or services available through the Website; and notifications about changes to the Website or any products or services We offer or provide though the Website. We will provide You with a way to withdraw Your consent to receive each type of notification when we send You the notification. For example, the notification may include a link stating “Do not send further notifications of this type.”
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Edens Garden (including its affiliates, licensors, successors, assigns) and its (and their) respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website's content, Edens Garden Services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with applicable federal law of the United States and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
ARBITRATION
At Edens Garden’s sole discretion, We may require You to submit any disputes arising from these Terms of Use or use of the Website or Edens Garden Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by Edens Garden of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Edens Garden to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Use, Our Privacy Policy, and Our Cookies Policy constitute the sole and entire agreement between You and Edens Garden regarding the Website and Edens Garden Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Edens Garden Services.