TERMS & CONDITIONS
Last Modified: August 11th, 2020
Thank you for visiting the Website of Cosmic Flora Crystal Co. LLC ("Company", "We" or "Us"). The following terms and conditions (together with any documents referred to herein known collectively as the "Terms and Conditions") apply to your access to and use of , and all pages hosted therein, including any content, functionality and services offered on or through , whether you access our Website and Services through a social networking service, the Website, or through our mobile application (together known as the "Website"), whether as a guest or a registered user ("User"), including all features, functionality and services offered on the Website. These Terms and Conditions also apply to your membership, subscription, and your purchase of products and services from Us.
This Website, and the products and services offered on the Website are available to Users who are over the age of 13 and reside in the United States or any of its territories or possessions, or who have the assistance and consent of their parent or guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion, or as required by law. All changes are effective immediately when we post them and apply to access and use of the Website thereafter. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Although we will inform you conspicuously on our Website when we make changes to the Terms and Conditions, you are expected to check this page from time to time so you are aware of any changes as they are binding on you.
Accessing the Website and Account Security
Although the Company intends to make the Website and the Services available thereon available at all times, the Company has no liability if, for any reason, the Website is not available to Users. We reserve the right to withdraw or amend this Website, and any product, service, or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason, or no reason at all, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or you are provided with, a secure user name, password or any other piece of information as part of our security procedures (“Access Credentials”), you must treat those Access Credentials as confidential, and you must not disclose those Access Credentials to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and or its services and products using your Access Credentials. You agree to immediately notify Company of any unauthorized use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials. We have the right to disable any Access Credentials, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Terms of Sale/ Online Purchases
The Company and its Website are designed to allow Users to purchase a subscription to receive quality crystal products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber” (if initially placed on the waitlist, you will become a "Subscriber" after you are off the waitlist. For more details about the Service, please see . The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.
All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.
All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions. The Website is only intended for use of individuals residing within the United States of America and any of its territories or possessions, and we do not receive orders and will not process orders from parties located outside the United States of America and any of its territories or possessions
Cancellation and Refunds
Users may cancel their subscription at any time by logging in to their Account Page and selecting 'Subscriptions' under 'Account Preferences', or by contacting us at , with the subject line “UNSUBSCRIBE”. Users will not be charged for cancellation. Users canceling subscription(s) through their account page must do so prior to the 1st day of the following month (e.g., by July 31st in order to cancel for an August renewal). Users requesting cancellation of subscription(s) via e-mail must do so by the 25th of the previous month to allow for manual processing of the cancellation (e.g., Subscriber must email cancellation request by July 25 in order to cancel their account prior to an August renewal). If an Active Subscriber cancels their subscription, they will still receive products through the end of the then-current subscription term. Active Subscriber's subscriptions will not be renewed after the then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. That means if an Active Subscriber cancels their subscription after one (1) month but pre-paid for three (3) months, they will not receive any money back, but will receive two (2) months’ worth of product from the Company. Anyone may re-subscribe at any time following cancellation. The Company does not allow Active Subscriber to pause or suspend its subscriptions.
By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products, unless the product received by you is damaged and/or expired. The Company provides a selection of products which may vary from box to box sent to various Users of the Service. The Company cannot accommodate specific requests for certain products, as the Company operates from a limited inventory of products depending on availability.
Currently, COSMIC FLORA ships within the United states (48 contiguous states, includes Alaska, Hawaii, and Puerto Rico) . Boxes are shipped within 5 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. Address changes must be made before the first of the month in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.
Risk of Loss and Title
All products purchased from the Company are transported and delivered to you by an independent carrier not affiliated with, or controlled by the Company. The risk of loss for such products passes to you when the Company or our supplier delivers these items to the carrier. Title to products purchased from the Company passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
Entire Agreement and Assignment
These Terms and Conditions, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. These Terms and Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transmission or assignment in violation hereof shall be null and void.
Limitation on Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, (b) 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 THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES PROVIDED BY THE COMPANY.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use, for legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company, only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except to:
Store copies of such materials temporarily in RAM or in your web browser's automatic cache, which may occur automatically as a result of the operation of your computer or mobile device.
Print a reasonable number of pages of the Website for your own personal, non-commercial use. If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound to our end user licensing agreement for such applications.
If you utilize our social media and or social networking features with certain content you may take such actions as are authorized and enabled by such features. By connecting to the Website with a third-party service (i.e. a social media service), you give Us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials used to access that third party service. The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than as set out in this section, you may request our consent to do so by sending a request via email to: email@example.com.
Sending a request for use of material does not automatically confer approval of your request. We reserve all rights with respect to any request for use of the content on the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name "COSMIC FLORA", the Company logo, and all related names, logos, product and service names service marks, designs and slogans (together “Marks”), are trademarks of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Company expressly disclaims any right in the intellectual property of advertisers whose content may appear on the Website.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, any User Content created by you, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.