Coastal Scents Terms and Conditions

Last updated: March 20, 2012

This website, www.CoastalScents.com (the "Site"), is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting, or using the Site. We may add additional Sites from time to time as we expand our web offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (for example, through an iPhone application) and these Terms of Use govern your use of the Site and your conduct, regardless of the means of access.
We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Any changes or modifications to these Terms of Use, Guidelines, or Rules will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing, and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.

We also like to interact with you on third party sites where we may post content or invite your feedback, such as: http://www.facebook.com/CoastalScents, http://www.twitter.com/CoastalScents, and http://www.youtube.com/Coastalscents ("Third Party Sites"). Our Terms of Use and other areas of our Site provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with Third Party Sites, but K-Plex, LLC does not control those Third Party Sites, and these Terms of Use, Guidelines, and Rules do not apply to companies that K-Plex, LLC does not own or control, or to the actions of people that K-Plex, LLC does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Site, you signify your agreement to these Terms of Use, Privacy Policy (available at http://www.coastalscents.com/privacy) and the Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use the Site. 

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2012 K-Plex, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of K-Plex, LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of K-Plex, LLC or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with K-Plex, LLC, or using the Site as a shopping resource. Any other use of materials on the Site, including: reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of K-Plex, LLC is strictly prohibited. 

DISCRIMINATION 

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.

Trademarks

http://www.CoastalScents.com, all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Coastal Scents and may not be used in connection with any product or service that is not offered by K-Plex, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits K-Plex, LLC. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. 

Product Information

All material and information presented by K-Plex, LLC is intended to be used for personal educational or informational purposes only. All prices displayed on the Site is quoted in U.S. Dollars.  Customers are advised to read and strictly follow the label, all packaging inserts and instructions, and all directions and warnings. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, and sponsorship or recommendation thereof by K-Plex, LLC. 

THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASES, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. The statements made about products, have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. 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 Site is not meant to serve as a substitute for professional medical advice; this Site is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site 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. K-Plex, LLC 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. K-Plex, LLC does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. If any minor uses any goods or product from K-Plex, LLC, it should be only after the legal or parental guardian has discussed the product with the minor's physician.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Color Information

While K-Plex, LLC has tried to accurately display the colors of the products, however, the actual colors you see will depend on your monitor and may not be accurate.  

SITE ACCESS

We may assign you a password and account identification to enable you to access and use certain portions of this Site. If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and the corresponding password, and for restricting access to your computer. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION: ALL COMMUNICATIONS, TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Responsibility for your Content

You are solely responsible for all content that you upload, post, e-mail, or otherwise transmit via the Site, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers, or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site. 

Your Use of Content on the Site and Limitation of Liability

K-Plex, LLC is not liable for any statements, representations, or Content provided by its users in any form on the Site or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted, via on the Site or any Third Party Site, is not controlled by K-Plex, LLC. K-Plex, LLC cannot guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent, or objectionable and K-Plex, LLC shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will K-Plex, LLC be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via or to the Site. 

You may access the Content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying, or distribution of any of the Content other than as expressly provided herein. 

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, included by using any device, software, or routine to bypass security measures. K-Plex, LLC reserves all rights not expressly granted in and to the Content.

Your Content Submissions

By submitting Content to K-Plex, LLC, you represent and warrant that:

" you understand you are participating in a public website and that your Content will be available to all other users of the Site;
" you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents, and permissions to use and authorize K-Plex, LLC to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
" all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
" all Content that you post is accurate;
" you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that " use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

" is not false, inaccurate, or misleading;
" does not harm minors;
" does not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy of any person or entity;
" does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
" does not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
" is not or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
" is not submitted for compensation or other consideration from any third party;

" does not include any information that references other websites, addresses, e-mail addresses, contact information, or phone numbers;
" complies in all respects with these Terms of Use, our Privacy Policy, and all Guidelines and Rules;
" is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
" does not contain any computer viruses, worms, or other potentially damaging computer programs or files. 

K-Plex, LLC does not endorse any Content, opinion, recommendation, or advice expressed therein, and K-Plex, LLC disclaims all liability with respect to the Content. 

You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

If your Content includes ideas, suggestions, documents, or proposals to K-Plex, LLC through the Site, (a) such Content is not confidential or proprietary and K-Plex, LLC has no obligation of confidentiality, express or implied, with respect thereto; (b) K-Plex, LLC may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment, or reimbursement of any kind for such Content from K-Plex, LLC under any circumstances unless you are otherwise notified by K-Plex, LLC in writing. 

For any Content that you submit, you grant K-Plex, LLC a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium, or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site. 

Third Party Content and Third Party Sites

K-Plex, LLC may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. These links are provided for your convenience only and you access them at your own risk. K-Plex, LLC does not monitor, approve, or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between K-Plex, LLC and such third parties. K-Plex, LLC does not guarantee, endorse, or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. K-Plex, LLC is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to K-Plex, LLC, does not necessarily reflect the views of K-Plex, LLC. 

Mobile Services

If you access the Sites via your mobile phone (for example, through an iPhone application), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges will still apply. 

Modification of Content

All Content that you submit is not confidential and may be used at K-Plex, LLC's sole discretion. K-Plex, LLC may or may not pre-screen Content. However, K-Plex, LLC and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense, or delete any Content on the Site. In particular, K-Plex, LLC and its designees will have the right to remove any Content that K-Plex, LLC deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. K-Plex, LLC does not guarantee that you will have any recourse through K-Plex, LLC to edit or delete any Content you have submitted. K-Plex, LLC reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions, and answers are generally posted within two to four business days. However, K-Plex, LLC reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not K-Plex, LLC, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of K-Plex, LLC, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees. 

Reservation of Rights

K-Plex, LLC reserves the right, at any time, without notice, and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. K-Plex, LLC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of K-Plex, LLC (and its employees), its users, and the public. 

DMCA NOTICE AND TAKE DOWN POLICY

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide K-Plex, LLC's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• 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;
• Your name, address, telephone number, and e-mail address (if available); and
• 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 are authorized to act on the copyright owner's behalf.

K-Plex, LLC's DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is our General Counsel, Thomas F. Hudgins, who can be reached as follows: 
K-Plex, LLC
Legal Department 
160 9^th Street South
Naples, FL 34102  
1-239-963-2280 

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your e-mail address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 

Disclaimer

K-PLEX, LLC IS PROVIDING THE SITE, THE CONTENTS, AND SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, K-PLEX, LLC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, K-PLEX, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILIBILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

K-PLEX, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. 

Indemnification

You agree to defend, indemnify, and hold harmless K-Plex, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations, and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.  

Applicable Law

If you access the Site from anywhere other than the United States, you agree that English law will govern these Terms and Conditions and the purchase of products by you through the Site, and that any dispute of any sort that might arise between you and K-Plex, LLC shall be subject to the exclusive jurisdiction of the courts of State of Florida, U.S.A. The Site is created and controlled by K-Plex, LLC in the State of Florida, U.S.A. and as such, the laws of the State of Florida will govern these Terms of Use, without giving effect to any principles of conflicts of laws. K-Plex, LLC reserves the right to make changes to its Web site and these Terms of Use at any time. 

Disputes

If any dispute arises between you and K-Plex, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to legal action, we strongly encourage you to first contact us directly to seek a resolution by contacting customer service using this Contact Us link. Any claim or dispute between you and K-Plex, LLC that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction, located in Collier County. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and K-Plex, LLC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the expressed wish of the parties that these Terms of Use and all related documents are drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND K-PLEX, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Coastal Scents
160 9^th Street South
Naples, FL 34102  
You may also contact us at 1-239-963-2280 or use this Contact Us link

General Disclaimer

Once you have placed your order, you agree to all the terms, conditions, and shipping policies of Coastalscents.com/K-Plex LLC.

Coastal Scents reserves the right to change any prices and descriptions without prior notice. We reserve the right, at any time, without notice and in our sole discretion, to terminate or reject any order and to block or prevent your future access to and use of coastalscents.com. We make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of any information and data on this website.

We shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages. This includes but is not limited to lost revenue or lost profits arising out of or in any way connected with the use or misuse of the information or lack of information on this website. By accessing our web pages, you assume all risks associated with the use of this site. Thus including any risk to your computer, software or data being damaged by any virus, software, or any other file, which may be transmitted or activated via a web page or your access to it. 

K-Plex LLC/Coastal Scents is not responsible for any use or misuse of purchases made from coastalscents.com. Also we are not responsible for recipes, formulas or finished products, which do not turn out as expected by the customer. Fragrance and Essential Oils must be kept away from children and pets and are not to be used undiluted on the skin. You alone are responsible for product and recipe testing to ensure compatibility and safety.

Any further questions or concerns, please contact our Customer Service Department by email using our Contact Us link or by phone:
(239) 963-2280.