Terms of Service
Introduction
Thank you for visiting Miami Aromatherapy. We are an US based company, providing products to enhance your lifestyle. Please read our Privacy Policy and these “Terms and Conditions”, providing consent to both documents in order to have permission to use our services.
Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of each. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Service” refers to the services that we provide (whether obtained from us via our Site, directly via e-mail, or otherwise) and our Site itself;
“Site” refers to our website, https://miamiaromatherapy.com;
“Miami Aromatherapy” refers to our company, known as “Miami Aromatherapy, Inc.”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Miami Aromatherapy, Inc.
Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
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You must not be in violation of any embargoes, export controls, or other laws of the United States of America or other countries having jurisdiction over this Agreement, Miami Aromatherapy, Inc., and yourself.
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You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
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You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
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You must provide us with personal information and other information that we deem necessary to provide you with our Service.
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You must be the rightful owner of any credit card that is used to purchase items from our website.
Nature of Service
NATURE OF SERVICE
Miami Aromatherapy, Inc. offers aromatherapy products. Any and all statements made are not to be viewed as medical claims. Statements on our website have not been evaluated by the Food and Drug Administration. Our product(s) are not intended to diagnose, treat, cure, or prevent any disease.You acknowledge that, unless otherwise stated, Miami Aromatherapy, Inc. does not endorse the misuse of our product and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our products or otherwise.
Rules of Use
You must not:
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Violate the laws of the United Sates of America or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
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Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Miami Aromatherapy, Inc.
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Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
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Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Miami Aromatherapy, Inc. Site, Service, or its Users’ computers.
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Do anything else which could bring Miami Aromatherapy, Inc. into disrepute or violate the rights of any person.
Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
Your Copyright
Miami Aromatherapy, Inc. must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
Trademark
You agree not to use copyrighted material anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Copyright & Trademark Infringement
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
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Your name.
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The name of the party whose copyright has been infringed, if different from your name.
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The name and description of the work that is being infringed.
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The location on our website of the infringing copy.
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A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our Copyright Agent at support@miamiaromatherapy.com.
We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as possible.
Defamation
Articles 372 and 373 of Federal Law No. 3 of 1987 prohibit defamation. We prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at support@miamiaromatherapy.com if any of our Users have posted anything that you believe is defamatory.
Representations and Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
You agree that we are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “representations & warranties”section shall be construed to limit the generality of the first paragraph of this section.
For jurisdictions that do not allow us to limit our liability;
Notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by negligence or that of any officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in The State of Florida. The offer and acceptance of a contract are deemed to have occurred in The State of Florida.
Forum of Dispute
This Agreement shall be governed by the laws in force in The State of Florida. The offer and acceptance of this contract are deemed to have occurred in The State of Florida.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Miami Aromatherapy, Inc. shall have the sole right to elect which provision remains in force.
Return Policy
At Miami Aromatherapy, our dedication is to bring you superior quality products and service. Our goods return policy is outlined below.
1. Within 30 days of invoice date, Miami Aromatherapy Inc. will accept the return of any product on the basis of shipping errors or item(s) is damaged during shipping.
2. Requests for all product returns must be authorized in writing and receive approval from Miami Aromatherapy Inc. before replacement merchandise or credit memo will be issued.
3. In order to receive full credit of returned item, all returns must be in original sealed condition and accompanied with a copy of the invoice.
4. All freight and handling charges on returned goods are the full responsibility of the customer.
To make sure your returns are processed quickly and accurately, please contact us at 305.803.3736 for instructions before shipping returns, or email us at returns@miamiaromatherapy.com
