TERMS & CONDITIONS OF USE: OVERVIEW
This website is owned and operated by 3 Graces INC. Throughout this website, the terms “we”, “us” and “our” refer to 3 Graces INC. Please read our Terms & Conditions of Use carefully before using this website. This page details the Terms and Conditions of Use under which visitors (hereinafter “you,” “user” or “visitor” and the plural or possessive thereof) may use this website. By using this website, you agree to be bound by all of the Terms and Conditions of Use written below and our other policies including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms and Conditions of Use (and our other policies), please do not use this website. By visiting our website and/or purchasing from us, you agree to be bound by all terms, conditions, policies and notices stated herein.
CHANGES TO TERMS AND CONDITIONS OF USE
We reserve the right to revise these Terms and Conditions of Use at any time without notice. By continuing to use this website after the Terms and Conditions of Use are changed, updated or modified, you agree to any new, changed or modified Terms and Conditions of Use. It is your responsibility to check this website page periodically for changes.
ACCURACY; COMPLETENESS AND TIMELINESS OF INFORMATION; WEBSITE DISCLAIMER; THIRD PARTY LINKS
Certain content, products and services available via our website may include materials, information, services and/or products from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us nor do we tell you that you left our services. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, information, products, or services of third-parties provided to you. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns regarding third-party products should be directed to the third-party.
The general information on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. The information is not advice, and should not be treated as such. The information on this website is provided “as is” without any representations or warranties, express or implied. 3 Graces INC and Venus & Flora make no representations or warranties in relation to the health information on this website. Seek the advice of your physician or other qualified health provider with any changes to your lifestyle. If you think you have a medical emergency, contact your physician or call 911 immediately. All products should be used strictly in accordance with instructions, precautions or guidelines. You should always check product ingredients to avoid any potential allergic reaction.
GENERAL CONDITIONS AND ONLINE STORE TERMS AND CONDITIONS OF USE
By agreeing to these Terms and Conditions of Use, you represent that you are at least the age of majority in your state or province of residence. You may not use any materials, information, services or products accessible and/or available for purchase on this website (hereafter “products”) for any illegal or unauthorized purpose nor may you, in the use of our products and/or service, violate any laws in your jurisdiction (including but not limited to intellectual property laws). We reserve the right to refuse the sale or interaction as to the sale of any product to anyone for any reason at any time with or without notice.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any service, products accessible and/or available for purchase on this website (or any part or content thereof) without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products accessible and/or available for purchase on this website.
Certain products or services may be available exclusively online through our website. These products and/or services may have limited quantities and are subject to return or exchange only according to the guidelines in our Return Policy. We make reasonable effort to display as accurately as possible the colors and images of our products on this website that may appear at brick and mortar stores. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are accessible and/or available for purchase on this website. All descriptions of products are subject to change at any time with or without notice, in our sole and absolute discretion. We reserve the right to discontinue any products at any time. Any offer for any products or service made on this site is void where prohibited. Due to the nature of our products, we do not warrant or represent that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
You understand that any personal or other information that you provide (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Otherwise, your submission of personal or other information through this website is governed by our Private Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed improperly. You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to provide current, complete and accurate account, purchase, and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed, in the event such is required and is consistent with applicable law.
COPYRIGHT, TRADEMARK AND USE OF INTELLECTUAL PROPERTY (OTHER PROHIBITED USES OF THIS WEBSITE)
The content of this website are protected by copyright and other intellectual property laws under both United States and foreign laws. Unauthorized use of the content violates copyright, trademark, and other laws. The content and all copyrighted material may not be removed, altered, modified, copied, distributed, downloaded, displayed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of 3 Graces INC. Use of the content on any other website or in a networked environment or otherwise is strictly prohibited.
You are also prohibited from using this website or its content: (a) for any illegal purposes; (b) to solicitation of others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or municipal regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other prohibited characteristic; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, bot, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of Service or any related website for violating any of the prohibited uses.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; SURVEY RESULTS
If, at our request, or otherwise, you provide us with specific submissions (e.g., survey responses, contest entries, etc.) or creative ideas, suggestions, proposals, plans, or other materials, in any matter (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send us. As to Comments, we are and shall be under no obligation to: (1) maintain such Comments in confidence; (2) pay compensation for any comments; (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website, service and/or content will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that your use of service and any products offered through the website and services is at your sole risk. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, with or without notice to you. You expressly agree that your use of, or inability to use, this website and it’s content and/or the purchase and/or placements of one or more orders for products is at your sole risk. Any products purchased by you and/or delivered to you by us are provided “as is” and “as available,” without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall 3 Graces INC (and its affiliates, members, managers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use this website in anyway, including without limitation the purchase of, receipt of or placement of orders for products, or for any other claim related in any way to our website, content and/or products. To the extent the laws of another state or jurisdiction apply to this agreement and do not allow for the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold harmless 3 Graces INC, and its affiliates, members, managers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any cause of action, claims, demands, liabilities and/or settlements, including reasonable legal and accounting fees, resulting from, or alleged to result from, and/or made by any third-party due to or arising out of, your breach or alleged breach, of these Terms and Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date of this agreement shall survive the termination of these Terms and Conditions of Use and hence this agreement for all purposes. These Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our website, service, Products and/or you have elected to cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Use, we may also terminate these Terms and Conditions of Use and hence this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We also reserve the right to deny you access to our website, content, service and/or products (or any part thereof).
ENTIRE AGREEMENT; WAIVER; SEVERABILITY
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. These Terms and Conditions of Use and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us and govern your use of this website, including without limitation the use, access or reliance upon content and/or any order for or purchase of products, superseding any prior or contemporaneous agreements, communications and/or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Use).
In the event that any provision of these Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions of Use.
GOVERNING LAW; CHOICE OF FORUM
All matters relating to the website and these Terms and Conditions of Use and any separate agreements whereby we provide you access to products and/or content shall be governed by and construed in accordance with the laws of Illinois, without regard to choice of law provisions. 3 Graces INC is located and does business in Cook County, Illinois, and any order for products placed and/or content accessed occurs in Cook County, Illinois, such that visitors, who choose to visit this website from other jurisdictions do so on their own initiative, but do so in Cook County, Illinois, and further, and thereby, agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products) and/or between you and us shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts for Cook County, Illinois. You and we consent to the exclusive personal jurisdiction of such courts. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises, as determined by Illinois law. This provisions shortens the period in which you may bring a claim or cause of action against 3 Graces INC.