Terms of Conditions
WEBSITE USER AGREEMENT
LAST MODIFIED: December 1, 2020
Welcome to Artist SelfCare Guide LLC’s (“Company”, “we”, “us”, or “our”) website. Please read this Website User Agreement (this “Agreement”) carefully upon accessing or using the Services (as defined below) of the kalmkorner.com website and other Company-owned or controlled websites that link to this Agreement (collectively, the “Sites”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND THE RELATED SERVICES, CONTENT OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITES (collectively, the “Services”).
By accessing or using the Services (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. If you, as an individual, are acting for or on behalf of a company, organization, or other entity, such as your employer, then by accessing or using the Site: (i) you represent that you are fully authorized to access or use the Services; (ii) you agree to be bound by this Agreement on behalf of yourself and such entity; and (iii) “you” shall refer collectively to you and such entity. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Company may update or revise this Agreement from time to time and in our sole discretion, and all changes are effective immediately upon posting. You are expected to check this page regularly in order to be aware of any such updates or revisions, and your continued use of the Services following the posting of a revised Agreement indicates that you accept and agree to the changes. Except as otherwise expressly stated by Company, any use of the Services is subject to the version of this Agreement in effect at the time of use. The Company has the right to change or discontinue any aspect or feature of kalmkorner.com. Please note that Company’s return policy, and the terms and conditions related to the availability of products and authorized payment methods are not the subject of this Agreement but are instead set forth separately on Company’s website.
GENERAL TERMS AND CONDITIONS
Unless otherwise noted, the Services and any products offered via the Sites or Services are intended for personal, non-commercial purposes only. You agree to use the Sites only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws.
The statements made about products by the Company have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Company are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Company it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for aromatherapy skin care products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
INTELLECTUAL PROPERTY RIGHTS
The Services, and all contents thereof, including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, graphics, and icons (collectively “Proprietary Material”) are or may be protected by copyright, trademark, patent, or other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Company or its licensors.
No right, title, or interest in or to the Services or any contents or materials thereof is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by Company. Any use of the Services not expressly permitted by this Agreement constitutes a breach of this Agreement and may violate copyright, trademark, and other laws.
You are permitted under this Agreement to use the Services for personal, non-commercial purposes only. Pursuant to such use, (i) your computer or device may temporarily store copies of Proprietary Material in memory incidental to your access and use of such Proprietary Material; and (ii) you may print or download a reasonable amount of Proprietary Material, solely for private use and not for further reproduction, publication or distribution.
You agree that you will not, use, publish, reproduce, download, display, distribute, modify or create derivative works of the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process, except as expressly provided herein. Modification of the materials appearing on the Sites or in the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights, and we may immediately terminate your right to use the Services, and you must, at our option, return or destroy any and all copies of Proprietary Material in your possession.
Trademarks. The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You agree that you will not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.
You may use the Sites only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation.
To send, knowingly receive, upload, download, use, or re-use any material with unlawful, defamatory, threatening, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
To impersonate or attempt to impersonate Company, a Company employee or representative, another user, or any other person or entity.
To build any competitive products or services.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Company or users of the Sites or expose them to liability.
Additionally, you agree not to:
Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites.
Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose.
Use any device, software, or routine that interferes with the proper working of the Sites.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Create internet “links” to the Sites or “frame” or “mirror” any portions of the Sites in any other website or mobile site, or on any other server or wireless or internet-based device.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
- Otherwise attempt to interfere with the proper working of the Sites.
If we learn or reasonably suspect that you, or others under your control or direction, have used the Sites in a manner prohibited herein, we may block, suspend, terminate, or withhold your access to the Sites as we deem appropriate in our sole discretion.
The Sites may contain links to third party sites, such as those for our advertisers and sponsors, that are not owned or operated by Company. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party sites or the information or material accessed through these third party sites.
The Sites are provided solely for informational purposes. No contents or information provided on the Sites constitutes an offer, and no contents or information provided on the Sites shall be binding on Company. No binding agreement between you and Company exists unless a formal written agreement is executed and delivered by and between you and Company.
VISITORS TO THE SITES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITES IS AT THEIR OWN SOLE RISK. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITES; AND (ii) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY OR ANY OF ITS REPRESENTATIVES IS NOT LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
[RISK OF LOSS
All items purchased from kalmkorner.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the purchaser upon delivery to the carrier.]
WAIVER AND SEVERABILITY
The failure of the Company or you to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). Arbitration proceedings shall be conducted in Oakland, California in the English language, and, at the request of either party, result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator(s).
To the fullest extent permitted by applicable law, you and Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
We control and operate the Sites from our offices in the State of California, United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
STATUTE OF LIMITATIONS
Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of Sites or Services, or to this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement is the entire agreement between you and Company with respect to the Sites, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.