Please read these Terms and Conditions of Usage (“Terms”, “Terms and Conditions”) carefully before signing up for any services through www.essenceone.life (“Website”) and before using and working with Essence One, operated in most by Essence One, LLC and in part by Essence One Apothecary, LLC. (collectively “Essence One”, “us”, “we”, or “our”). Essence One Apothecary specifically and exclusively governs the listing, related content and sale of CBD products.
IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
UPDATED TERMS. These Terms may be updated from time to time, at Essence One’s sole discretion. It is Your responsibility, as the viewer or client, to check these Terms regularly to see if any may have changed, and to alert Essence One if You do not agree with the changes that have been made.
SALES AND REFUNDS. Due to the fact that Essence One sells personal care products, there are no refunds and all sales are final. Please contact us at firstname.lastname@example.org if you have any questions regarding your order, or if you have any feedback about our products – we love to continue to make improvements.
INTELLECTUAL PROPERTY. This Website, its contents and services offered through it or listed on it, are owned by or licensed to Essence One. Users have no legal rights to the Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted. If You should wish to use any of the information contained on the Website, please first contact Essence One at email@example.com.
PRODUCT DISCLAIMER, INCLUSIVE OF CBD PRODUCTS. All CBD products that are sold through the Website or at an Essence One event, are distributed by Essence One Apothecary, LLC. You understand that the statements regarding the products listed on the Website or displayed at any Essence One event, both CBD and otherwise, have not been evaluated by the Food and Drug Administration. You understand that the products, both CBD and otherwise, are not intended to diagnose, treat, cure or prevent any disease. Essence One does not claim to be medical practitioners. We encourage you to always consult a medical professional before using any alternative therapies, natural supplements, or vitamins. You acknowledge and understand that the information regarding the products listed on the Website or displayed at any Essence One event shall not be relied upon or used in place of medical advice; the information shall not be used to diagnose or treat any health problems, illnesses or medical conditions, without first consulting a medical professional. Never disregard professional advice or delay in seeking it because of something you read on this Website; while information provided is general in nature and may be helpful to some, depending on their personal medical needs, Essence One is in no way medically certified and does not represent any product listed on its site as beneficial for any medical reason or need.
CBD PRODUCTS. All CBD products that are sold through the Website or at an Essence One event, are distributed by Essence One Apothecary, LLC. You understand and acknowledge that no product listed on the Website or sold at an Essence One event is intended for use by persons under 21 years of age. You agree to consult a physician before using any Essence One Apothecary product if you have any healthy problem, illness or medical condition, including but not limited to: pregnancy, stroke, high blood pressure, heart, liver, kidney or thyroid disease, blood clotting disorders, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medication.
PHOTO RELEASE. You agree that Essence One may use any images it captures at any events or other services it provides to you, as well as any images that you create that depict Essence One in any way (e.g. an Instagram image that depicts Essence One or its events or its products), for Essence One’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion of Essence One. You waive any right to payment, royalties or any other consideration for the use of the images. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein Your likeness appears. You agree to hold Essence One harmless and release and forever discharge it from all claims, demands, and causes of action which You, Your heirs, representatives, executors, administrators, or any other persons acting on Your behalf or on behalf of Your estate have or may have, by reason of this authorization.
ELECTRONIC COMMUNICATIONS. Visiting www.essenceone.life or sending emails to Essence One constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.
RESTRICTED ACCESS. Essence One reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms and Conditions is governed by the laws of the State of Minnesota and You hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
LIMITATION OF LIABILITY. You agree that, to the fullest extent permitted by law, absent Essence One’s intentional or willful misconduct, Essence One’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited solely to the dollar amount of the Fees paid by You to Essence One under these Terms and Conditions. You agree that, to the fullest extent permitted by law, absent Essence One’s intentional or willful misconduct, Essence One shall not be liable for any claims for punitive damages, consequential damages, indirect damages, personal injury or sickness, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs. Essence One is not responsible for any defective products or imperfect resources purchased on your behalf or that Essence One provides that may negatively impact or affect the use of the Website or its services (inclusive of events) or that cause any type of injury, and You waive any right to pursue any claim, demand or cause of action against Essence One for such injury or damage. Essence One is not responsible for any Vendor’s performance, or lack thereof, and You expressly agree to waive any claims, demands or causes of action against Essence One with respect to the goods or services of any Vendor, venue or other third parties identified or recommended by Essence One. This limitation of liability applies to You, anyone claiming on behalf of you and anyone claiming based on your injuries or damages, including subrogation claims. You acknowledge and agree that these limitations reflect a fair allocation of risk and that Essence One would not enter into these Terms and Conditions without these limitations on its liability. Any claim against Essence One must be commenced within one year of the facts giving rise to the claim.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Essence One and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to Your use of the Website or its services (inclusive of events), unless caused by the willful or intentional misconduct of Essence One. You agree to indemnify and hold harmless Essence One and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the any of Your acts during the use of the Website or its services (inclusive of events).
FORCE MAJEURE. No Party shall be liable in damages or have the right to terminate these Terms and Conditions for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as hurricanes, earthquakes, flooding), fire, Government restrictions, wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. Should Your use of the Website or its services (inclusive of events) be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by Essence One, but Essence One will use all reasonable efforts to work with You to deliver use of the Website or its services (inclusive of events) at a later date if necessary, subject to Essence One’s availability; a substitute representative may be present on Essence One’s behalf on any rescheduled date.
NO IMPLIED WAIVER. The failure of any Party to require strict compliance with the performance of any obligations, terms and/or conditions of these Terms and Conditions shall not be deemed a waiver of that Party’s right to require strict compliance in the future or construed as consent to any breach of the terms of these Terms and Conditions.
MODIFICATIONS. Any modification or amendment to these Terms and Conditions requires the sole consent of Essence One and may be signified by a notice posted to the Website that the terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only, and shall be emailed to firstname.lastname@example.org; in such an instance, the Parties may modify or amend these Terms by way of email, so long as all Parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name”. Email modifications shall not become binding until all Parties have complied with these requirements.
NOTICES. Any notice or official communication provided for in these Terms and Conditions (such as notices of termination of the Terms and Conditions) shall be via email, to the address You provided in Your submission details.
CONTROLLING LAW; JURISDICTION. The validity, construction and enforceability of these Terms and Conditions shall be governed in all respects by the laws of the State of Minnesota, and the Parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota.
DISPUTE RESOLUTION. Any dispute or claim arising under or in any way related to these Terms and Conditions, with the exception of recovery by Essence One of any unpaid Fees or unreimbursed expenses from You (which may be recovered by Essence One via collections, small claims court action, or any other legal remedy available to Essence One), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. (Both Parties would have to agree to arbitration.) The Parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, as they wish.
SEVERABILITY. If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
ASSIGNABILITY AND PARTIES OF INTEREST. Essence One alone, may assign, directly or indirectly, all or part of its rights or obligations under these Terms and Conditions without the prior written consent of the other Party. Nothing in these Terms and Conditions, express or implied, will confer upon any person or entity not an authorized assignee to these Terms and Conditions, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms and Conditions, except as expressly provided in herein.
ENTIRE AGREEMENT. These Terms and Conditions constitutes the entire agreement between the Parties and supersedes all prior agreements whether oral or written concerning the subject matter of these Terms and Conditions. By using this Website or registering for services through this Website and accepting and acknowledging these Terms and Conditions upon use or registration, You are agreeing to the terms herein.