Terms and Conditions
Last updated: February 8, 2016
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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) 2017 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.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.
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, company names, or logos cited herein are the property of their respective owners.
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 are quoted in U.S. Dollars. Customers are advised to read and strictly follow the label, all packaging inserts, product 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, 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 of 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 healthcare 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.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We 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 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.
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.
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", 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, email, 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, emailed or otherwise transmitted via or to the Site.
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:
"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 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, antidiscrimination, 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, email addresses, contact information, or phone numbers;
"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.
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.
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.
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.
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.
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 email 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 Website is our General Counsel, Thomas F. Hudgins, who can be reached as follows:
4627 Arnold Avenue
Naples, FL 34104
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, 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 email 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, unauthorized, or illegal activity.
We take these measures to protect our customers as well as ourselves from fraud and other unauthorized or illegal activity.
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 AVAILABILITY 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.
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 our Customer Service Department using this Contact Us link.
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.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
4627 Arnold Avenue
Naples, FL 34104
You may also contact us at (610)870-0265, Monday through Friday 8am - 5pm ET, or use this Contact Us link.
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.
Any further questions or concerns, please contact our Customer Service Department by email using our Contact Us link or by phone: 610-870-0265.