TERMS & CONDITIONS
Last Updated 10JAN2022
1. TERMS AND CONDITIONS
Last Updated: January 10, 2022
Please read these Terms and Conditions carefully before using the Service.
These Terms and Conditions ("Terms", "Terms and Conditions", “Agreement”) govern your relationship with https://www.amberbudd.com (the "Service", “The Site”) and products and services contained herein operated by Amber Budd Atelier, LLC ("Us", "We", "Our", or “Amber Budd® Skincare”).
Your access to and use of The Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
3. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on The Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order or service placed based on incorrect pricing or availability information. We apologize for any inconvenience.
4. AGE REQUIREMENT
You must be eighteen (18) years old or the age in order to make a purchase on our Site. If you are under eighteen (18) years old, then you may not make a purchase or take any action on our Site. If you are under eighteen (18) years old, you may browse our Site; however, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under eighteen (18) years old. 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. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
5. YOUR ACCOUNT
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, but in order to access and use some parts of the Site, you may need to register an account with us. You may choose to create an account at our Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you may have an email address/username and password or login credentials for your account.
You are responsible for maintaining the confidentiality of your account, username and password, login credentials, and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password, or login credentials.
If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or content resulting from such access or use. You may cancel your online account with us at any time.
We reserve the right to refuse service and/or terminate accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Our best interests to do so.
6. PURPOSE OF SALES
The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
7. INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in SECTION 8 below, or as required under applicable law, neither the Content 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 express, prior written consent.
8. LIMITED LICENSE AND ACCESS
We grant you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement.
This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in this Agreement are reserved and retained by Us and/or Our content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Amber Budd Atelier, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amber Budd Atelier, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amber Budd Atelier, LLC name or trademarks without the express written consent of Amber Budd Atelier, LLC.
We also grant you a limited, revocable, non-transferable 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 (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) 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; and/or (vi) 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 and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
9. OUTSIDE SITES AND LINKING
The Site may contain links to other sites on the Internet that are not owned or operated by third party vendors and other third parties (the "Outside Sites"). AMBER BUDD ATELIER, LLC is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
10. SPECIAL FEATURES, FUNCTIONALITY, AND EVENTS
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Amber Budd Atelier, LLC, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Amber Budd Atelier, LLC or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Amber Budd Atelier, LLC and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Amber Budd Atelier, LLC or its licensors. Amber Budd Atelier, LLC's trademarks and trade dress may not be used in connection with any product or service that is not Amber Budd Atelier, LLC’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amber Budd Atelier, LLC. All other trademarks not owned by Amber Budd Atelier, LLC that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amber Budd Atelier, LLC.
13. PRODUCT COLOR/SATIFACTORY POLICY
We have made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. We do not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. If for any reason you are not satisfied with any products you purchase on the Site you can return them in accordance with our Return Policy.
14. DISCLAIMER – BEAUTY PRODUCTS
The use and selection of products and other health products ("Products") requires care to be certain that any directions and warnings from the manufacturer are read, understood, observed, and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products. Customers are required to read and strictly follow the product instructions, all packaging inserts, and all manufacturer directions and warnings. Additionally, Customers are required to understand product ingredients and possible interactions prior to use. Customers must consult with your own physician or health care practitioner with any cautionary, medical requirements, or safety questions prior to purchase or use.
15. GENERAL DISCLAIMER – ALL PRODUCTS AND SERVICES
We do not warrant or guarantee that any advice or any particular product or service will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. We shall not be bound by any errors or omissions in posting product or service information or prices with respect to any products or services offered on the Site.
All materials and information presented by Us on the Site are intended to be used for informational purposes only. The products and services promoted on the Site are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, 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. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
16. ORDER ACCEPTANCE / SHIPPING TERMS / REFUNDS
Refer to Shipping Policy.
17. RISK OF LOSS
Refer to Shipping Policy.
18. YOUR OBLIGATIONS, RESPONSIBILITIES, AND ONLINE CONDUCT
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. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition.
Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
You may 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 and Conditions, you shall be liable for all the losses and damages that this may cause to Amber Budd Atelier, LLC, our parents, subsidiaries, affiliates, partners or licensors.
19. USER COMMENTS, CONTENT, POST, SUBMISSIONS
You may be able to submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content.
"Prohibited Content" means Content that: is threatening, defamatory, hateful, harassing, abusive, or obscene; violates the right of privacy or right to publicity; is false, deceptive, or otherwise misleading; infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret; contains any software virus or other malware; includes any commercial or political solicitation; violates any local, state, or federal law or regulation; impersonates another person or entity; includes any advertisement, pyramid scheme, or other "spam;" and/or is otherwise objectionable or non-family-friendly as determined by Us in Our sole discretion.
If you make a Comment, you represent and warrant that you own or otherwise control the rights to your Comment. You further represent and warrant that such Comment does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Comments. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Comments or any damages arising from any Comments.
Although We cannot monitor all Comments, We reserve the right (but not the obligation), in our sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Amber Budd Atelier, LLC for all claims resulting from any such Comments. We have no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
We do not claim ownership of any Comment. However, you agree that We are free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Amber Budd Atelier's (and its successors' and assigns)' business. You grant Us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Amber Budd Atelier, LLC the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
20. DELETION OF USER CONTENT
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site, please contact us by email at email@example.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request. We reserve the right to revoke request at the sole discretion of Amber Budd Atelier, LLC and our parents, subsidiaries, affiliates, partners or licensors.
21. COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send correspondence to Us for notices of infringement firstname.lastname@example.org and provide the following; (i) an authorized signature of a person of the owner of the copyright interest that you claim is infringed; (ii) dentification of the copyrighted work(s) that you claim has been infringed; (iii) description of the material that you claim is infringing and the location of that material on the Site; (iv) Your contact information; (v) statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) 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 authorized to act on the copyright owner's behalf.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
23. DISCLAIMER OF WARRANTIES
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS, PRODUCTS, OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY; (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (v) COMPUTER VIRUSES; (vi) SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (vii) ANY INACCURACIES OR OMISSIONS IN CONTENT OR SERVICES (viii) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE TO DEFEND US, OUR AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES, AT YOUR SOLE COST AND EXPENSE, AND WILL INDEMNIFY AND HOLD HARMLESS US, OUR AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES, FOR ANY LOSS, INJURY, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY FIRST- OR THIRD-PARTY CLAIM, ACTION, PERSONAL INJURY, MENTAL INJURY, DEATH, DAMAGE, LOSSES, EXPENSES, OTHER CONSEQUENCE OR DEMAND ARISING FROM ANY OR ALL OF THE FOLLOWING; YOUR USE OF THE SITES OR THE SITE CONTENT IN VIOLATION OF ANY LAW, RULE, REGULATION OR THESE TERMS AND CONDITIONS; ANY PART OF YOUR USER CONTENT; FOR ANY LOSS, DAMAGES, OR COSTS, RESULTING IN YOUR MISUSE OF THE SITE; ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PURCHASE, USE, SALE, DEFECT, OR APPLICATION OF ANY SERVICE OR PRODUCT CONNECTED WITH THE SITE; FOR ANY PERSONAL DATA ASSOCIATED WITH THE SITE.
25. GOVERNING LAW AND SEVERABILITY
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Minnesota, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Minnesota. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF AMBER BUDD ATELIER, LLC OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN MINNSOTA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between Us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
27. CHANGES TO THIS AGREEMENT
We reserve the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer by posting on the site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update its Privacy Statement, Shipping Policy, and any additional statements or policies by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
28. CONSENT TO RECEIVE NOTICES
You consent to receive any agreements, notices, disclosures, policy changes, and statement changes and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of this Site.
In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in LIMITED LICENSE AND ACCESS hereof, shall automatically terminate.
29. GENERAL AGREEMENT
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between Us concerning your use of the Site and any associated services and products, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change or amend these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
30. ADDRESS AND CONTACT INFORMATION OF THE TERMS OF THIS AGREEMENT
Amber Budd Atelier, LLC
201 Burnsville Parkway #143
Burnsville, Minnesota 55337