Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by EcoGlo Minerals™ in its sole discretion. If membership has been revoked, EcoGlo Minerals™ reserves the right to refuse application or readmission to the membership program.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
EcoGlo Minerals™ products formulas are proprietary information. By completing a transaction with us, you agree that you will not reverse engineer or attempt to derive the formulation of the proprietary ingredients associated with the EcoGlo Minerals™ formulations. You acknowledge and agree that due to the unique nature of the proprietary information, any breach of this agreement would cause irreparable harm to EcoGlo Minerals™ for which damages are not an adequate remedy and that EcoGlo Minerals™ shall therefore be entitled to equitable relief in addition to all other remedies available at law.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. You are responsible for maintaining the confidentiality of any information provided to EcoGlo Minerals™ and restricting access to your computer. If you are under 13, you may use this Site only with permission of a parent or guardian. Receipt of an order confirmation via e-mail or phone from EcoGlo Minerals™ does not constitute the acceptance of an order or a confirmation of an offer to sell. EcoGlo Minerals™ reserves the right to refuse, modify, or terminate orders, and remove or edit content at their sole discretion. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide false information with regards to the origin of a credit card, Paypal account used to submit payment, your personal information, or other submitted content.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
EcoGlo Minerals™ makes no claim, warranty or representation regarding the use of products sold, generated by or provided at no charge by EcoGlo Minerals™. At no time and in no event will EcoGlo Minerals™ be liable for any direct, indirect, consequential, punitive, exemplary, or special damages, or any damages whatsoever, derived from or attributed to products or services provided by EcoGlo Minerals™. EcoGlo Minerals™ is not responsible for any reaction, loss, failure to satisfy, or damage(s) of any kind resulting from the purchase or use of any product contained within EcoGlo Minerals™. The use of products obtained from EcoGlo Minerals™ requires the user to be certain that all directions of use and warnings are strictly observed; customers are advised to read and follow all packaging labels, inserts, and instructions. The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You agree and understand that none of our products should be used in place of proper medical care or to treat or cure any disease. Some individuals may have allergic or other reactions to the products offered herein. Therefore, your use of products obtained from EcoGlo Minerals™ is done so at your own risk and with the knowledge that EcoGlo Minerals™ is not liable for any damages resulting from the use of any product. All descriptions and information regarding products contained within this Site are the opinion of the Site owner(s) and make no claims of warranty or representation. All attempts are made to indicate accurate, reliable and error-free product descriptions. All information is used at the discretion of the reader. Keep all products out of children's reach.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Use of Information
EcoGlo Minerals™ retains the right to refuse or cancel any order placed for any product listed at the incorrect price due to a Site typographical error or error in pricing that is provided to EcoGlo Minerals™ by our suppliers. If your credit card or Paypal account has been charged and/or whether you have received order confirmation, EcoGlo Minerals™ maintains the rights to refuse, rescind, or cancel orders placed for any product listed at the incorrect price due to reasons above. If any charge has been applied to your credit card or Paypal account at the incorrect price, EcoGlo Minerals™ will cancel your order and will issue a credit to your appropriate account for amount charged for the incorrect price. Every reasonable attempt has been made to accurately display the appearance of the colors and sizes of the products that appear within the Site. However, actual colors for each item is dependent on numerous factors including, but not limited to, the monitor that is used for viewing and the settings on the monitor. EcoGlo Minerals™ does not guarantee that the color displayed on your monitor will be accurate.
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card or Paypal account information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company or Paypal, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Loss in Shipping
All products purchased from the Site are made in agreement pursuant to a shipment contract. Upon the delivery to our carrier of your order, you assume the risk of loss and title for all items.
Links to Other Web Sites
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
We accept returns and exchanges within 30 days of purchase for full-sized jars and refill-sized bags, provided that the product is unused and unopened with seal in tact. Due to the nature of the products we offer, we have a strict NO RETURN policy for all other products.
Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SALT LAKE COUNTY, UTAH, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SALT LAKE CITY, UTAH OR THE DISTRICT OF UTAH IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by EcoGlo Minerals™ in the State of Utah, USA. As such, the laws of Utah will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
In order to keep EcoGlo Minerals™ membership roster current, if a Member does not access his or her account for a period of 365 days or more, we may, in its sole discretion, terminate such Member's account. EcoGlo Minerals™ will endeavor to notify a Member of EcoGlo Minerals™ intent to terminate such Member's account by notice to such Member's provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice with 30 days after the day it is sent by EcoGlo Minerals™, such member's account will be terminated as noted above. Therefore, EcoGlo Minerals™ strongly recommends that all members keep their accounts and contact data current and in use. While EcoGlo Minerals™ desires to prevent active accounts from being terminated prematurely, EcoGlo Minerals™ has no obligation to maintain accounts that appear to EcoGlo Minerals™ to have been abandoned. Each member agrees that failure to access his or her account for 365 days or more conclusively indicates that such member's account has been abandoned and that the account may therefore be terminated.
Verify Members' Address
EcoGlo Minerals™ reserves the right to contact a member via email to verify the accuracy of account information (including the member's correct name and address) that is needed to provide the member with the information he or she requested from EcoGlo Minerals™.