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EDEN’S KISS' TERMS AND CONDITIONS

Welcome to the EDEN’S KISS website (the “Site”). EDEN’S KISS provides the content and services available on the Site to you subject to the following terms and conditions. (“Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last updated November 15, 2007.

Privacy
Retail & Wholesale Purchase Related Policies
Medical Disclaimer
Product Statements
Intellectual Property
Limited Licenses
Your Obligations and Responsibilities
Your Account
Third Party Links
Representations and Warranties; Limitation of Liability
Indemnification
Disputes
Other Conditions

1. Privacy

Your privacy is extremely important to EDEN’S KISS. Any information you share with EDEN’S KISS will be used only to process your orders and to better serve you. We do not rent, sell, or otherwise share names, addresses, or email addresses with any other parties. You can order with confidence from the Site. All personal information entered during ordering is encoded using the very latest security technology.

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2. Purchase Related Policies

For retail customers
EDEN'S KISS retail prices are subject to change without notice. EDEN'S KISS' online store reflects EDEN KISS' current prices. These prices may differ from out-dated prices that may be reflected within various EDEN'S KISS literature and/or price brochures. The products and services available through the retail Site, and any samples thereof we may provide to you, are for your personal use only. Regarding purchases made through the retail portion of the Site, you may not sell or resell any of these products or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an order that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site (such as order processing, shipping and handling, and returns), click here.

For wholesale customers
EDEN'S KISS wholesale prices are subject to change without notice. EDEN'S KISS' online store reflects EDEN KISS' current wholesale prices. These prices may differ from prices that may be reflected within various EDEN'S KISS literature and/or price brochures. New stores must register an EDEN’S KISS wholesale account and provide the following information: business name, contact name, billing and shipping addresses, and current resale number.

Additionally, all new stores must submit a current copy of its resale certificate by facsimile or by U.S. Post to our office before we may approve a wholesale account for any new store. (Our fax number is: 707-786-9573). Our mailing is address: EDEN’S KISS, P.O. Box 194, Ferndale, CA 95536.

First time orders must be prepaid either by credit card (processed through PayPal), cashier’s check or money order. U.S. funds only.

Minimum wholesale order is $100.00.

The products and services available through the retail Site, and any samples thereof we may provide to you, are for distribution to your customers only. Regarding purchases made through the wholesale portion of the Site, you may not sell or resell any of these product samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an order that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site (such as order processing, shipping and handling, and returns), click here.

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3. Medical Disclaimer

Information on the Site is for informational purposes only and is intended to help you select the best products for your specific needs and desires. Information is not intended, and should not be construed, as medical advice and is not intended to diagnose, treat, cure, or prevent any disease. If you are concerned about a specific health problem, medical issues or disease, please consult your health care provider.

EDEN’S KISS products are very gentle for sensitive skin and reactions are extremely rare, but it is possible to be allergic to even natural substances. If you have known allergies or highly sensitive skin, please check EDEN’S KISS product labels carefully for product ingredient information before using. EDEN’S KISS recommends that you patch test any new product by applying a small amount to the inside of your forearm. Any reaction will usually occur within 24 hours. If you experience any skin irritation, please discontinue use of the product immediately and consult your health care provider. EDEN’S KISS is not responsible for the misuse of any EDEN’S KISS product.

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4. Product Statements

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content on the Site are accurate, complete, reliable, current, or error-free. All product statements on the Site are for informational purposes only. They have not been evaluated by the U.S. Food and Drug Administration.

5. Intellectual Property

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of EDEN’S KISS, and is protected by United States and International copyright laws.

The trademarks and logos displayed on the Site (collectively “Trademarks”) are the unregistered marks of EDEN’S KISS in the United States, and are protected by United States and international trademark laws.

Except as set forth in the limited licenses in Section 5 below, or as required by applicable law, neither the Content or Trademarks, nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

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6. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: 1) frame or utilize framing techniques to enclose the Site or any portion thereof; 2) modify or download the Site or Content (except caching or as necessary to view the Site; 3) make any use of the Site or Content other than personal use; 4) create any derivative work based upon either the Site or Content; 5) collect account information for the benefit of yourself or another party; 6) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or 7) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site 1) may link to, but not replicate, our Content; 2) may not imply that we are endorsing such website or its services or products; 3) may not misrepresent its relationship with us; 4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may only contain content that is lawful and appropriate for all ages; 5) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; 6) may not use any Trademark; and 7) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request you shall immediately remove such link.

Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

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7. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom, and in good faith. You many not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms or Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to EDEN’S KISS.

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8. Your Account

You may choose to create an account at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in EDEN’S KISS’ best interests to do so.

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9. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by EDEN’S KISS. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining, evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to us or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

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10. Representation and Warranties; Limitation of Liability

THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) UNDER ANY CIRCUMSTANCES, FOR ANY: 1) INTERRUPTION OF BUSINESS; 2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; 3) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; 4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; 5) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; 6) ANY INACCURACIES OR OMISSIONS IN CONTENT OR; 7) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

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11. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages or costs, including reasonable attorneys fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

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12. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California.

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13. Other Conditions

These Conditions will supersede any terms and/or conditions you may received included with any EDEN’S KISS purchase order, regardless of whether EDEN’S KISS signs them or not. EDEN’S KISS reserves the right to make changes to this Site and these Conditions at any time without notice.

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