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Site Terms
USER
AGREEMENT
PLEASE
READ THIS USER AGREEMENT CAREFULLY BEFORE
USING THIS WEB SITE. By using this Web site,
you signify your assent to this User
Agreement. If you do not agree with the terms
of this User Agreement, please do not use this
Web site. We reserve the right, at our
discretion, to change, modify, add, or remove
portions of these terms at any time. Please
check these terms periodically for changes.
Your continued use of the www.epicblend.com
Web site following the posting of changes to
these terms, including the www.epicblend.com
Privacy Policy will mean you accept those
changes.
RESTRICTIONS
ON USE OF MATERIALS
This
Web site is owned and operated by Gravity Bath
and Body Ltd. (DBA Epic Blend). (referred to
as "Gravity Bath and Body Ltd. (DBA Epic
Blend)," “Epic Blend”,
"we," "us," or
"our" herein). No material from the
www.epicblend.com Web site or any Web site
owned, operated, licensed, or controlled by
Gravity Bath and Body Ltd. (DBA Epic Blend)
may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed
in any way, except that you may download one
copy of the materials on any single computer
for your personal, noncommercial home use
only, provided you keep intact all copyright
and other proprietary notices. Modification of
the materials or use of the materials for any
other purpose is a violation of Gravity Bath
and Body Ltd. (DBA Epic Blend)’s copyright
and other proprietary rights. For purposes of
these terms, the use of any such material on
any other Web site, online service or other
service is prohibited. All trademarks, service
marks, and trade names are proprietary to
Gravity Bath and Body Ltd. (DBA Epic Blend),
or its affiliate.
SUBMISSIONS
Gravity
Bath and Body Ltd. (DBA Epic Blend) always
welcomes suggestions and comments regarding
Gravity Bath and Body Ltd. (DBA Epic Blend)
from the users of our Web site. Any comments
or suggestions submitted to Gravity Bath and
Body Ltd. (DBA Epic Blend), either online or
offline, will become Gravity Bath and Body
Ltd. (DBA Epic Blend)’s property upon its
submission. This policy is intended to avoid
the possibility of future misunderstandings
when projects developed by Gravity Bath and
Body Ltd. (DBA Epic Blend)’s professional
staff might seem to others to be similar to
their own creative work. If at our request you
send certain specific submissions (i.e
stories, pictures, drawings, contests) or, if
you send us any unsolicited creative ideas,
suggestions, photographs, notes, drawings,
concepts or any other information or materials
(collectively, the "Submissions"),
the Submissions shall be deemed, and shall
remain, the property of Gravity Bath and Body
Ltd. (DBA Epic Blend). None of the Submissions
shall be subject to any obligation of
confidence on the part of Gravity Bath and
Body Ltd. (DBA Epic Blend), and Gravity Bath
and Body Ltd. (DBA Epic Blend) shall not be
liable for any use or disclosure of any
Submissions. Without limitation of the
foregoing, Gravity Bath and Body Ltd. (DBA
Epic Blend) shall exclusively own all now
known or hereafter existing rights to the
Submissions of every kind and nature
throughout the universe and shall be entitled
to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise,
without compensation to the provider of the
Submissions.
PUBLIC
COMMUNICATION
You
shall not upload to, distribute through, or
otherwise publish through the
www.epicblend.com Web site any content that is
libelous, defamatory, obscene, pornographic,
threatening, racist, invasive of privacy or
publicity rights, abusive, illegal, or
otherwise objectionable that would constitute
or encourage a criminal offense, violate the
rights of any party, or that would otherwise
give rise to liability or violates any law. If
you do, we reserve the right to remove the
communication that defame or insult anyone as
well as notes that are abusive or hateful,
although we have no duty to do so. In
addition, we also reserve the right to remove
communications that we deem, in our sole
discretion, to be inappropriate, off the
subject or not in English. You may not suggest
or encourage illegal activity while visiting
the Www.epicblend.com Web site. Spamming is
not permitted. Moreover, any communications
that might be construed as stalking will be
deleted and made available to the proper law
enforcement officials.
It
is our policy to respect the privacy of all
guests. Please see our privacy policy which
discloses our information collection and use
practices. We ask that our guests respect each
other's privacy by not posting names, phone
numbers, addresses, social security numbers,
or any other private information.
You
represent to us that you own, or have the
right to submit to us in accordance with this
Agreement, all material that you post on
Www.epicblend.com. By uploading materials or
submitting any materials to us, you
automatically grant (or warrant that the owner
of such rights has expressly granted) Gravity
Bath and Body Ltd. (DBA Epic Blend) a
perpetual, royalty-free, irrevocable,
nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate,
create derivative works from, and distribute
such materials or incorporate such materials
into any form, medium, or technology now known
or later developed throughout the universe. In
addition, you warrant that all so-called moral
rights in those materials have been waived.
When
you access our Web site and participate in our
interactive applications, you participate at
your own risk. You take responsibility for
postings made under your user name. We take no
responsibility for the content or opinions
posted on our Web site by users accessing our
Web site.
JURISDICTIONAL
ISSUES
All
applicable federal, provincial and local laws
govern user access to this Web site. This Web
site is controlled and operated by Gravity
Bath and Body Ltd. (DBA Epic Blend) from its
offices within the Province of British
Columbia, Canada. Gravity Bath and Body Ltd. (DBA
Epic Blend) makes no representation that
materials on the Web site are appropriate or
available for use in other locations. Those
who choose to access this Web site 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. All information available on the
Web site is subject to Canada export control
laws and may also be subject to the laws of
the country where you reside.
TERMINATION
This
Agreement is effective until terminated by
either party. You may terminate this Agreement
at any time by destroying all materials
obtained from any and all Gravity Bath and
Body Ltd. (DBA Epic Blend) Web site(s) and all
related documentation and all copies and
installations thereof, whether made under the
terms of this Agreement or otherwise. This
Agreement will terminate immediately without
notice from Gravity Bath and Body Ltd. (DBA
Epic Blend) if in Gravity Bath and Body Ltd. (DBA
Epic Blend)’s sole discretion you fail to
comply with any term or provision of this
Agreement. Upon termination, you must destroy
all materials obtained from this Web site and
any and all other Gravity Bath and Body Ltd. (DBA
Epic Blend) Web site(s) and all copies
thereof, whether made under this Agreement or
otherwise.
You
agree that Gravity Bath and Body Ltd. (DBA
Epic Blend), in its sole discretion, may
terminate your registration to the Web site
(or any part thereof) or use of the Web site
or any portion of the Web site, and remove and
discard any Submissions, for any reason,
without limitation, including if Gravity Bath
and Body Ltd. (DBA Epic Blend) believes that
you have violated or acted inconsistently with
the letter or spirit of this User Agreement,
including the Privacy Statement. Gravity Bath
and Body Ltd. (DBA Epic Blend) may also in its
sole discretion and at any time discontinue
providing access to the Web site, or any part
thereof, with or without notice. You agree
that any termination of your access to the Web
site under any provision of this User
Agreement may be effected without prior
notice, and acknowledge and agree that Gravity
Bath and Body Ltd. (DBA Epic Blend) may
immediately deactivate or delete your account
and all related information and files in your
account and/or bar any further access to such
files or the Web site. Further, you agree that
Gravity Bath and Body Ltd. (DBA Epic Blend)
shall not be liable to you or any third-party
for any termination of your access to the Web
site.
DISCLAIMER
THE
MATERIALS IN THIS WEB SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Gravity Bath and Body Ltd. (DBA
Epic Blend) DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Gravity Bath
and Body Ltd. (DBA Epic Blend) DOES NOT
WARRANT THAT THE WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT THIS WEB SITE OR
THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Gravity Bath and Body Ltd. (DBA Epic Blend)
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS WEB SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT Gravity Bath and Body
Ltd. (DBA Epic Blend)) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LINKS
Gravity
Bath and Body Ltd. (DBA Epic Blend) explicitly
disclaims any responsibility for the accuracy,
content, or availability of information found
on Web sites that link to or from the
www.epicblend.com Web site. Gravity Bath and
Body Ltd. (DBA Epic Blend) encourages
discretion when browsing the Internet using
our or anyone else's service. Because some Web
sites employ automated search results or
otherwise link you to Web sites containing
information that may be deemed inappropriate
or offensive, Gravity Bath and Body Ltd. (DBA
Epic Blend) cannot be held responsible for the
accuracy, copyright compliance, legality, or
decency of material contained in third-party
Web sites, and you hereby irrevocably waive
any claim against us with respect to such Web
sites.
Gravity
Bath and Body Ltd. (DBA Epic Blend) cannot
ensure that you will be satisfied with any
products or services that you purchase from a
third-party Web site that links to or from the
Www.epicblend.com Web site, since other Web
sites are owned and operated by independent
third parties. Gravity Bath and Body Ltd. (DBA
Epic Blend) does not endorse any of the
merchandise, nor has Gravity Bath and Body
Ltd. (DBA Epic Blend) taken any steps to
confirm the accuracy or reliability of, any of
the information contained in such third-party
Web sites. Gravity Bath and Body Ltd. (DBA
Epic Blend) does not make any representations
or warranties as to the security of any
information (including, without limitation,
credit card and other personal information)
you might be requested to give any third
party, and you hereby irrevocably waive any
claim against us with respect to such Web
sites. We strongly encourage you to make
whatever investigation you feel necessary or
appropriate before proceeding with any online
or offline transaction with any of these third
parties.
LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Gravity Bath and Body Ltd. (DBA
Epic Blend) OR ITS AFFILIATES OF SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Gravity Bath and
Body Ltd. (DBA Epic Blend) OR A Gravity Bath
and Body Ltd. (DBA Epic Blend) AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i)
THE USE OF, OR THE INABILITY TO USE, THIS WEB
SITE OR ANY MATERIALS IN THIS WEB 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 THIS WEB SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE;
OR (v) ANY OTHER MATTER RELATING TO THIS WEB
SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL Gravity Bath and Body
Ltd. (DBA Epic Blend)’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE,
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY
Gravity Bath and Body Ltd. (DBA Epic Blend)
PRODUCT.
OTHER
These
terms shall be governed by and construed in
accordance with the laws of the Province of
British Columbia, Canada, without giving
effect to any principles of conflicts of law.
You agree that any action at law or in equity
arising out of or relating to these terms
shall be filed only in the provincial or
federal courts located in British Columbia and
you hereby consent and submit to the personal
jurisdiction of such courts for the purposes
of litigating any such action. If any
provision of these terms shall be unlawful,
void, or for any reason unenforceable, then
that provision shall be deemed severable from
these terms and shall not affect the validity
and enforceability of any remaining
provisions. This is the entire agreement
between us relating to the subject matter
herein and may be modified by Gravity Bath and
Body Ltd. (DBA Epic Blend) at any time.
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