THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR,” OR “CUSTOMER”) AND CONSCIOUS PERIOD, INC. (“WE” OR “CONSCIOUS PERIOD”), THE OWNER AND OPERATOR OF THE WWW.CONSCIOUSPERIOD.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PURCHASE OF PRODUCTS SOLD ON IT. BY ACCESSING AND USING THE WEB SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE.
- Personal Information/Privacy.
- Passwords; Use of Site.
You may choose to create a login and password on the Site. You are responsible for maintaining the confidentiality of Your passwords and You are responsible for all activities that occur in using Your passwords. You agree not to share Your passwords, let anyone else access Your passwords or do anything else that might jeopardize the security of Your passwords. You agree to notify Conscious Period if there is any unauthorized use of Your password on this Site or You know of any other breach of security in relation to this Site.
- Use of Site; Intellectual Property Rights; Prohibitions
Subject to Your compliance with this Agreement, Conscious Period hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, logos, icons, graphics, interfaces, site design, audio, and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for Your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, Your authorization to use the Site and Content automatically terminates without notice to You.
You hereby acknowledge and agree that Conscious Period or its licensors own all legal right, title and interest in and to the Content and the Site, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. You use of the Site does not grant You ownership of any kind in any Content You may access on or through this Site. Conscious Period is a trademark of Conscious Period, Inc.. Unauthorized use is strictly prohibited.
You hereby represent and warrant that You will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Conscious Period or its third party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Site or Content or that is otherwise applicable to the Site or the Content.
- User Submissions
The Site may offer You the opportunity to post articles, comments, photographs, videos, artwork and other content on the Site (collectively the “User Submissions”). By making a User Submission, You grant to Conscious Period an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Conscious Period is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to Conscious Period without any monetary or other obligation to You. To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Submissions.
You agree not to post on or transmit to the Site or otherwise provide to Conscious Period any User Submission or other material that:
- is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene;
- sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that is not an approved product of Conscious Period;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of Your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
- is false or misleading; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment.
You are solely responsible for Your User Submissions and You agree to defend, indemnify and hold harmless Conscious Period and its members, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from You User Submission, including but not limited to, any Claim arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that Conscious Period has no obligation to keep such User Submissions confidential. You further agree that any User Submission You provide does not contain any confidential, proprietary or trade secret information of any third party. We have no obligation to store, keep copies or return any User Submission.
We reserve the right to take any action with respect to User Submissions that We deem necessary or appropriate in our sole discretion if We believe any User Submission violates this Agreement, is inappropriate on the Site, may create liability for Conscious Period, or may cause Conscious Period to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Submissions, either with or without notice to You.
- Terms of Sale.
- Sales of Products to End Users Only
Conscious Period sells tampons, sanitary napkins, pantiliners and other feminine hygiene products (the “Products”) from the Site to customers who purchase the Products only for their own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose.
Pricing for the Products can be found on the Site on the Products page. We reserve the right to change prices for Products at any time, and We do not provide price protection or refunds in the event of promotions or price decreases.
- Refund/Cancellation Policy
If You are dissatisfied with the service or Product provided to You by Conscious Period, please contact firstname.lastname@example.org to state any complaints with said service or Products or You can mail us at: Conscious Period, Inc., P.O. Box 48672, Los Angeles, CA 90036. We will not accept returns for opened boxes of tampons. Any resolution regarding refund to the Consumer will not exceed the amount the Consumer paid for their returned Product. Refund requests must be made directly to Conscious Period at email@example.com. All refund requests must be made within thirty (30) days of the date of shipment by Conscious Period. Any refunds will be returned to the Customer’s credit card in which the Products were most recently purchased under. No cash, check or any other refund payment method will be issued. You are responsible for contacting Your credit card company if you have questions about the status of the chargeback. We will not provide a refund for a request that is not received by Conscious Period more than thirty (30) days after the date of original shipment.
If You want to cancel or amend an existing order, please contact firstname.lastname@example.org and We will accommodate your cancellation or amendment request so long as the product(s) has not yet been shipped to You.
- Payment Methods
Conscious Period accepts only valid credit card payments. Such payment are collected by a third party specializing in the collection, transmitting and storing of credit card information. This third party is PCI DSS compliant and all credit card and payment information is stored by said third party to ensure complete privacy and security of the Consumer’s payment credentials.
You agree to pay all charges for the Products You have chosen to purchase at checkout, which charges are based upon Conscious Period’s prices as shown on the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address You provide as the shipping address when you checkout, and You authorize Conscious Period or the third party payment processing service provider that We engage to charge Your credit card for any such taxes and fees. These taxes and fees will be clearly listed on the final checkout page for Your review before submitting Your payment details.
If for any reason Conscious Period cannot charge Your credit card, no shipment of Products will be sent out by Conscious Period This suspension of service will remain in effect until You update Your payment information.
- Shipping and Product Acceptance
Shipping dates are estimates only, however, we do strive to ship products within seven (7) days of an order being placed by the customer, with the exception of any pre-ordered Products. All shipments are sent Priority Mail US Postal Services. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
- Third Party Sites; Indemnification
- Third Party Sites
You hereby agree to defend, indemnify, and hold Conscious Period harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from Your breach of this Agreement, or otherwise arising from Your use or misuse of the Site, Content or Products.
- Disclaimer of Warranties
Conscious Period cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet Your requirements.
THE SITE, CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. CONSCIOUS PERIOD, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “CONSCIOUS PERIOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE SITE, CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT OR PRODUCTS.
- Limitation of Liability
- IN NO EVENT SHALL ANY CONSCIOUS PERIOD PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A CONSCIOUS PERIOD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IF, NOTWITHSTANDING THE FOREGOING, A CONSCIOUS PERIOD PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT OR PRODUCTS, THE RELEVANT CONSCIOUS PERIOD PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CONSCIOUS PERIOD FOR THE PRODUCTS, AS APPLICABLE OR (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
- NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY CONSCIOUS PERIOD PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH CONSCIOUS PERIOD PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Dispute Resolution; Class Action Waiver; Choice of Law
- Choice of Law
This Agreement is governed by the laws of the State of California without regards to its conflict of laws principles.
- Dispute Resolution
In the event that the Conscious Period’s customer service department is unable to resolve a complaint to Your satisfaction, We agree to resolve such disputes arising out of this Agreement (except as to those related to Conscious Period’s enforcement and protection of its intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes, controversies or claims relating in any way, directly or indirectly, to Conscious Period will be administered by the Arbitration Association of America (“AAA”) in Los Angeles, California, before one arbitrator and in accordance with the provisions of its then current Arbitration Rules, except as may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be Los Angeles, California. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party.
The arbitration award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney’s fees and disbursements. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.
Notwithstanding the foregoing, nothing shall prevent Conscious Period from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of this Agreement. In the event that injunctive relief is sought through the AAA, Conscious Period shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of Conscious Period, You shall reimburse Conscious Period for these costs.
- Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor Conscious Period has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
- Electronic Communications
Whenever You visit Our Site or send emails to Us, You are communicating with Us electronically. For that reason, You also consent to receive communications from Us electronically. We will communicate with You by email (if You have provided Your email address to Us), by posting notices on Our Site or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
- General Terms
- Conscious Period may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to You. We also reserve the right to modify this Agreement at any time. When We make changes to the Agreement, We will revise the “Last updated” date at the top of the Agreement and We will notify You of the changes by prominently posting a notice of such changes on the Site and/or be sending You an email. We encourage You to review this Agreement whenever You visit the Site. By continuing to access and use the Site after any such changes have been posted, You are indicating Your acceptance of such changes, even if you have not reviewed the changes.
- Conscious Period may issue a warning, temporarily suspend, or terminate any Customer’s right to use or access any or all part of the Site, without notice and for any reason.
- No failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall operate as a waiver or estoppel of any right, remedy or condition.
- If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
- Conscious Period will not be responsible for failures to fulfill any of its obligations due to causes beyond its control.
- You may not assign or otherwise transfer Your rights, or delegate Your performance, under this Agreement to a third party without Conscious Period’s prior written consent. Conscious Period may assign or transfer its rights or delegate any performance under this Agreement to any third party in its sole discretion.