TERMS OF USE AND SALE

Effective February 04, 2022 through 12/31/2024.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Aurescents, LLC (“AURESCENTS”) maintain this website and any related mobile apps (collectively the “Site”) as a service to our customers, and by using the Site you agree to comply with and be bound by the following terms of use (“Terms”). Please review the Terms carefully and check them periodically for changes. If you do not agree to the Terms you should not review information or obtain products or services from the Site.

NOTICE REGARDING DISPUTE RESOLUTION AND YOUR RIGHT TO OPT-OUT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW TO RESOLVE CLAIMS THAT YOU AND AURESCENTS MAY HAVE AGAINST EACH OTHER (SEE THE SECTION ON ARBITRATION AND CLASS ACTION WAIVER BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE TERMS. UNLESS YOU OPT-OUT OF ARBITRATION (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Acceptance of Terms. You agree to the terms and conditions in these Terms. These Terms constitutes the entire and only agreement between AURESCENTS and you, and supersede 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 these Terms. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of these Terms will be binding on AURESCENTS only if agreed in writing by you and an authorized representative of AURESCENTS.
2. Order Modification and Rejection. AURESCENTS reserves the right to reject or modify any order, whether such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, AURESCENTS will issue a credit to your credit card account for the amount rejected.
3. Shipping and Risk of Loss. Title to ordered products and risk of loss of products passes to you upon delivery of your order to the carrier. Delivery lead times vary. All delivery dates are estimates and are not a guarantee that the products will be delivered on the specified date. We will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.
4. Payments. You represent and warrant that any credit card information you supply is true, correct and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including shipping fees and applicable taxes.
5. No Resale. Other than as expressly permitted in writing by an authorized representative of AURESCENTS, you agree not to resell or exploit for other commercial purposes any products purchased on the Site.
6. Replenishment Plans. We will automatically renew your replenishment plans depending on the order and shipping frequency you choose during the order selection process. We will charge your payment method the cost of your renewing order, plus shipping and tax, at least one full business day before shipping your order. If you wish to pause, resume, cancel, or adjust the frequency of your replenishment plan, make these changes by logging into your account or email us at support@aurescents.com. Our offer to pause replenishment plans is at our sole discretion and subject to change. Cancellation requests may take up to five business days to process.
7. Warranty and Returns. Our Warranty and Return Policy, is a part of this Agreement.
8. Your Use of the Site. By accessing the Site you agree to not use the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any intellectual property or other proprietary rights of any third party. The viewing, printing or downloading of any materials 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. You may not reproduce in any form or incorporate into any information retrieval system, electronic or mechanical, any materials from the Site, other than for your personal use, but not for resale or redistribution.
9. Creation and Termination of Account. By creating an account, you confirm that the information you provide is true. We may cancel your account at any time and without notice if we determine you have provided false or misleading information or have violated or abused any of these Terms.
10. Privacy Policy. Our Privacy Policy, as it may be updated from time to time, is a part of this Agreement.
11. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable intellectual property and other proprietary rights. Except as stated herein, you are strictly prohibited from the copying, redistribution, use or publication of any part of the Site. You do not acquire ownership rights to any content or materials viewed through the Site.
12. Submissions. If you submit any materials to AURESCENTS, including by not limited to contest entries, suggestions, reviews, or photographs, these submissions shall be deemed to be the sole property of AURESCENTS, and AURESCENTS shall be deemed to own all known and hereafter existing rights of every kind and nature regarding these submissions and shall be entitled to unrestricted use of these submissions for any purpose, without compensation to the provider of the submissions.
13. Links to Third-Party Web Sites. The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions express in these websites. We do not approve or endorse any of these websites. If you decide to access any of these third-party sites, you do so at your own risk.
14. LIMITATION OF LIABILITY.TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL AURESCENTS OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OUR PRODUCTS AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FOR RESIDENTS OF NEW JERSEY: NOTHING HEREIN LIMITS YOUR ABILITY TO RECOVER DAMAGES OR ATTORNEYS’ FEES WHERE MANDATED BY STATUTE.
15. Indemnification. You agree to defend, indemnify and hold AURESCENTS and its officers, directors, managers, employees, agents, affiliates and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
16. Governing Law. To the extent permitted by law, the Terms shall be governed by and interpreted in accordance with the substantive laws of the state of California, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. If the arbitration clause below is inapplicable then you consent to the jurisdiction of the federal or state courts in San Diego County, California for purposes of any suit, action or proceeding arising out of these Terms, including the purchase of any products from the Site. Any cause of action or claim you may have arising out of or relating to the Terms or the Site, including the purchase of AURESCENTS products must be commenced within one year after the claim or cause of action arises.
17. Arbitration and Class Action Waiver.
18. Initial Dispute Resolution. We are available at support@aurescents.comto address any concerns you may have regarding the Site or any purchases you make of our products. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
19. Agreement to Binding Arbitration. If we do not reach a solution within 30 days from the time we begin informal dispute resolution, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by AURESCENTS if you do not prevail in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

1. Class Action and Class Arbitration Waiver. You and AURESCENTS further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and AURESCENTS each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
2. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
3. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 15(B), 15(C), and 15(D) by sending written notice of your decision to opt-out to the following email: legal@aurescents.com.The notice must be sent within thirty (30) days of creation of an account or placing your first order with us; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

18. DMCA Notice and Take-Down Procedures. If you believe that your work has been copied in a way that constitutes copyright infringement you can submit a Notice of Claimed Infringement to us by providing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”):

• Your physical or electronic signature.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of where the material is located on the Site, so that we may identify it.
• Your address, telephone number, and email address.
• A statement of your good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our DMCA agent may be contacted at: legal@aurescents.com

19. Site Modifications. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Site without notice.
20. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please email legal@aurescents.com.California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
21. Updates to These Terms of Use and Sale. We may modify these Terms from time to time. Minor changes not affecting your rights may occur at any time, with or without notice to you, and are effective upon posting. In the case of any material changes, we will notify you by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. In our discretion, we may also provide notice of material changes via email to anyone who has provided us an email address or as may be required by law. You are responsible for keeping the email address you supply to use current. We are not responsible for any outdated or incorrect information you may provide. If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Terms take effect. If you continue using the Site after the new terms take effect, you will be bound by the modified Terms.

Aurescents does not warrant that product descriptions or other content on our site is accurate, complete, reliable, current, or error-free. If a product offered by Aurescents  itself is not as described, your sole remedy is to return it in unused condition.