ESSENTUALE
 
Terms of Use and Conditions

Thank you for visiting the essentuale.com™ Web site (the "Site") and for your interest in us.

We believe overall goodness in all ways is the foundation of great relationships.

We promise to continue to do all possible to maintain your trust and comfort in the hope our genuine commitment will lead to a remarkably enjoyable friendship with ESSENTUALE.

If you have any questions about our Terms and Conditions, or the content or practices of our website, you can contact essentuale.com directly using our contacts page.

These terms and conditions apply to all interaction with essentuale.com, its agents, assigns and all those in connection with ESSENTUALE or ESSENTUALE, LLC.

essentuale.com is a retail store and information site for health, beauty, wellness, personal care products and adventures and experiences. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products essential to healthy, everyday living. Accessible 24 hours a day, 7 days a week, the essentuale.com and the essentuale.com online store offers products along with health-related information and other tools designed to help consumers make educated purchasing decisions. essentuale.com,  essentuale and essentuale, llc and any and all of its subsidiaries, affiliates, and fulfillment partners ("we,” “us,” “our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein.

General
ESSENTUALE may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

Privacy
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

Return Policy
NO RETURNS, REFUNDS OR EXCHANGES ALLOWED due to safety considerations. Extraordinarily fine, ESSENTUALE products are made under the strictest conditions of an FDA-registered GMP certified vitamin factory then sent sealed to shipping and on to you. Once received by customers we cannot ensure returned products are unopened, and therefore cannot accept any returns or exchanges. If your ESSENTUALE products were damaged in shipping, which is highly unusual, please contact customer service. Do not dispose of any packaging materials until the problem has been resolved. Thank you for your understanding and for choosing ESSENTUALE.

Claims
Each claim or statement about the effectiveness of ESSENTUALE products and/or each claim or statement comparing the effectiveness of ESSENTUALE products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Disclaimer
ESSENTUALE makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, 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, ESSENTUALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ESSENTUALE 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. ESSENTUALE 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 ESSENTUALE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ESSENTUALE 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
You agree to indemnify, defend, and hold harmless ESSENTUALE, 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 and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Arbitration
By using this Site, you agree that ESSENTUALE, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Arizona, USA.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Electronic Communications
When you visit the Site or send e-mails to us, or use our contact forms, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing..

Trademarks
ESSENTUALE® is a registered trademark and the following are our trademarks and service marks:

The World's Finest Shampoo
The World's Finest Bathing Experience
The World's Finest Bathing System
9056
Look good and feel good naturally.
The way bathing should be
The ultimate bathing experience
Adventures and Experiences of a Lifetime
Experiences and adventures of a lifetime
The ESSENTUALE Lifestyle
Living the ESSENTUALE Lifestyle
Come live the ESSENTUALE Lifestyle
You eat, you sleep, you bathe
essentuale.com (design)
Bathing has forever changed
Bathing (and the shower) has forever changed
When you look good and feel good inside out it shows
The ESSENTUALE Dream Box
The 9056 crown (design)

All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

Your account obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Your Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Site Content
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

Color/Product Description/Product Depiction
We have made every effort to display the colors and visual representations of our products that appear at the Site accurately. However, as the actual colors you see will depend on your monitor, and some products are difficult to photograph, and in some cases images may not be up to date, we cannot guarantee that your monitor's display of any product will be 100% accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is entirely not as described, your sole remedy is to return it in unused condition.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, associates, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our rights
We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products without our express permission in writing. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Shipping Policy
We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.

We are unable to ship to P.O. Boxes. All items must be shipped to a valid street address. Shipping charges are based upon the shipment option you select at Checkout.

International Orders
essentuale.com has partnered with reliable shippers to ship orders to select international destinations. 

All orders are promptly shipped from the US. Orders shipped to destinations outside the US are subject to import taxes, duties and fees levied by the destination country, and these additional charges are collected upon delivery.

We are not responsible for any fees or taxes associated with international shipping.

Please see our Shipping & Returns Policy

Links to third party sites
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Submissions
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material ("Submissions") as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. essentuale.com reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.

By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant essentuale.com and its subsidiaries or others working in concert with ESSENTUALE the right to use the name you post in connection with such Submission.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity. Submissions are also covered in our Privacy Policy.

Applicable law
We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Arizona, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A.

Termination
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Sales Tax in the US
Taxable items that are shipped to customers in Arizona are subject to tax at the appropriate state and local rate.

Customs Fess and Vat (VALUE ADDED TAX)
If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. essentuale.com as well as all of its agents or assigns are not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.

We cannot determine these fees in advance. We recommend that you check with your local customs office or post office for details on how these charges are assessed and applied. You may also be able to find information about your country's VAT and Customs fees by searching websites on the Internet such as the United States Council for International Business. Please note that if your order has reached your country of destination and it is returned to us as Unclaimed or Refused due to VAT or customs fees imposed by your country, it can often take up to 6 months for us to receive, and we must receive the order back before we can issue you a refund.

General Information
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Copyright Complaints
We respect the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1.      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.      a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3.      identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

4.      your address, telephone number, and email address;

5.      a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.      a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By postal mail:
Legal Dept.
ESSENTUALE, LLC
21001 N Tatum Blvd, Ste 1630-172
Phoenix, AZ 85050

Please note the address above is not for general mailings.

Please email us using our contact form for the most expedient reply.

Copyright Notice
Copyright © 2001-2013 ESSENTUALE, LLC, 21001 N Tatum Blvd, Ste 1630-172, Phoenix, AZ 85050 U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.

This was last updated on March 19, 2013


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