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.
