Terms and Conditions • Coastal Scents
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Terms and Conditions

Last updated: October 3, 2017

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 or iPad 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 cancelled 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-policy-2017) 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) 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.

 

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, 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 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.

 

Typographical Errors

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.

 

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.

 

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:

K-Plex, LLC
Legal Department
4627 Arnold Avenue
Naples, FL 34104

Phone: 909-297-5435 or 800-587-4206 (toll-free)

 

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.

 

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 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.

 

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 United States 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 the 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 Website 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 our Customer Service Department 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 in the state of Florida, U.S.A. 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
4627 Arnold Avenue
Naples, FL 34104


You may also contact us at 909-297-5435 or 800-587-4206 (toll-free), 24 hours per day, 7 days a week, 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: 909-297-5435 or 800-587-4206 (toll-free).

 
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