Terms & Conditions Rev 2022
TERMS OF SERVICE | OVERVIEW
This website is operated by SubtleTiyes | A Self-Care & Wellness Company. Throughout the site, the terms “we”, “us” and “our” refer to SubtleTiyes | A Self-Care & Wellness Company. SubtleTiyes | A Self-Care & Wellness Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Ecwid Inc as well as Funnel Gorgeous. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PRODUCT/ADVICE DISCLAIMER
This web site does not offer medical advice or attempt to diagnose or treat any skin/health problem, disease, or skin/health condition. If you have a medical problem with your skin or overall health, please make an appointment to see a doctor in your area. All products should be used as directed on the product packaging or on this website. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms). If you are dissatisfied with any product purchased here, please email us @ Support.Subtle@thebalanceportal.com.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
02.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
03.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 or Services 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 we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant 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.
05.
ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities 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 e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account 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.
For more detail, please review our Returns Policy.
06.
MODIFICATIONS
SubtleTiyes Products shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by SubtleTiyes Products at any time by SubtleTiyes Products posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those terms and conditions.
07.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. One Tree Soap reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, (2) where all or any portion of this Site may violate any legal requirements.
08.
CODE OF CONDUCT
You agree not to:
restrict or inhibit any other user from using and enjoying the Site and services; transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive components; transmit materials in violation of another party’s intellectual property rights; use the Site for any commercial or unlawful purposes; or modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
09.
WARRANTY DISCLAIMER
THE CONTENT OF THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUBTLETIYES PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SUBTLETIYES PRODUCTS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE, WHETHER PREPARED BY SUBTLETIYES PRODUCTS OR BY THIRD PARTIES, IS ACCURATE OR RELIABLE, THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR SECURE. YOU UNDERSTAND THAT ANY WARRANTIES PROVIDED IN CONNECTION WITH ANY THIRD PARTY PRODUCTS DESCRIBED ON THE SITE ARE PROVIDED SOLELY BY THE THIRD PARTY AND NOT BY SUBTLETIYES PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SUBTLETIYES PRODUCTS IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, IN CONNECTION WITH THE SITE, THE CONTENT THEREOF OR THE PRODUCTS SOLD AND DESCRIBED THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUBTLETIYES PRODUCTS' LIABILITY TO A USER EXCEED THE AMOUNT PAID BY THE USER FOR ACCESSING THE SITE OR FOR THE PURCHASE OF PRODUCTS SOLD THEREON.
10.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless SubtleTiyes Products from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys’ fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
Purchases: If you wish to make purchases of products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated by SubtleTiyes Products in the manner described in its Privacy Policy. You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The prices displayed on the Site are in U.S. dollars.
11.
YOUR LETTERS, QUESTIONS AND COMMENTS
You acknowledge and agree that, by sending SubtleTiyes Products your questions, whether in writing or by email, you grant to SubtleTiyes Products at no cost a perpetual, irrevocable, nonexclusive, universal right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting content to SubtleTiyes Products, you represent and warrant that you have the authority to grant such rights to SubtleTiyes Products and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
12.
MISCELLANEOUS
You agree that this Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Questions about the Terms of Service should be sent to us at Support.Subtle@thebalanceportal.com.
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