Terms of Service 2017-11-16T08:37:28+00:00

TERMS OF SERVICE AGREEMENT

Effective Date: November 01, 2017

 

KRJ LLC d/b/a The Aroma Life (“Aroma Life”) IS WILLING TO SELL PRODUCTS FROM THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THESE TERMS OF SALE.  PLEASE READ THESE TERMS CAREFULLY.  BY CLICKING ON “ACCEPT” AND/OR BY PLACING AN ORDER FOR PRODUCTS ON THIS SITE, OR BY ACCEPTING DELIVERY OF PRODUCTS OR BY USING THIS SITE, YOU WILL INDICATE YOUR AGREEMENT WITH THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE WITH ALL OF THE FORGOING, THEN AROMA LIFE IS UNWILLING TO SELL PRODUCTS FROM THIS SITE TO YOU, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH THE ORDERING PROCESS.

  1. Parties:  The parties to this Agreement are you, the purchaser (“You”), and the owner and operator of this website: Aroma Life.  All references to “we”, “us”, “this website”, or “this site” shall be construed to mean Aroma Life.  If the user is not acting on behalf of an individual, then “You” means Your company, its officers, members, agents, successors and assigns.
  2. Use and Restrictions: Subject to these Terms of Service and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
  3. Purchase of Products: Other Documents. Aroma Life agrees to sell, and You agree to purchase, products from this site, subject to the terms and conditions hereof.  These terms and conditions may NOT be altered, supplemented, or amended by You by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both You and Aroma Life.
  4. Sales to Minors Restriction: Orders by minors (persons under the age of 18) are prohibited under these Terms of Sale and from this site.  While Aroma Life does not sell Products to minors, Aroma Life will sell products to a minor’s guardian or parent using such person’s credit card for payment.  Therefore, if you are under 18, you may use this site for placing product orders only with the involvement and consent of a parent or guardian.
  5. Shipment Limitation: Aroma Life will accept orders for shipment by us or our participating sellers only to your location in the 50 United States or the District of Columbia. No shipments will be made outside the United States or to a P.O. Box address.
  6. Price Quotes: Pricing. Any price quotations provided on this site shall be valid for the period stated.  If no time period is stated, then the price charged for an order will be the price in effect the day Your order is placed.  Product prices shall be identified on the on-line order form at the time of your order placement.  Aroma Life may change product prices at any time without notice.  Prices do not include charges for shipping and handling, and applicable taxes.
  7. Shipping and Handling Charges: Taxes. Separate charges for shipping and handling will be shown on our e-mail order confirmation.  You will responsible for sales and all other taxes associated with Your order, except for our franchise taxes and taxes on our net income.  If applicable, a separate charge for taxes will be shown on our e-mail order confirmation.
  8. Ownership: Risk of Loss. Title to products purchased at this site under these Terms of Sale passes (i) from Aroma Life to you upon shipment, and (ii) from our participating sellers to You upon their shipment.
  9. Registration Data: Registration is required for you to purchase products from this site.  You agree to provide certain current, complete, and accurate information about You as prompted to do so by the registration form (“Registration Data”).  You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data.  You authorize us to verify your Registration Data at any time.  Solely to enable Aroma Life to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to Aroma Life a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by Aroma Life’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by Aroma Life, in each case by any method or means or in any medium whether now known or hereafter devised.
  10. Privacy Policy: Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed via links on the bottom of website pages.  Our Privacy Policy may be amended from time to time in accordance with its terms.
  11. Warranty Disclaimer: AROMA LIFE PROVIDES THE PRODUCTS “AS-IS” AND PROVIDED WITH ALL FAULTS.  AROMA LIFE DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  AROMA LIFE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY.  NO USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  12. Limitation of Liability: INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL AROMA LIFE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF AROMA LIFE OR ITS PARTICIPATING SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.  IN NO EVENT SHALL AROMA LIFE’S LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCT.
  13. Force Majeure: Aroma Life shall not be liable for any failure or delay in its performance under this Agreement due to causes, including without limitation, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, sabotage, labor shortage or dispute, and governmental action, which are beyond its reasonable control.
  14. How We Treat Postings to This Site: (Blog, Forum, or Chat Room).
    1. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
    2. We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
  15. Monitoring: We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link at the bottom of this page.
  16. DMCA Notice:
    1. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):Notification of Claimed Infringement:
      KRJ, LLC d/b/s The Aroma Life
      75 Washington Street
      PO Box 1936
      Fairburn, GA 30213
      Agent’s Name/Email Address: compliance.officer-at-thearomalife.com
      Telephone: ______________________
    2. You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
    3. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
  17. Consumer Rights Information: California Civil Code Section 1789.3.
    1. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:Notification of Consumer Rights Complaint or Pricing Inquiry:KRJ, LLC d/b/s The Aroma Life
      75 Washington Street
      PO Box 1936
      Fairburn, GA 30213
      Agent’s Name/Email Address: compliance@thearomalife.com
      Telephone: ______________________
    2. You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
    3. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
  18. Arbitration: By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other resolution processes, such as a court action or administrative proceeding, to settle your disputes.  Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Atlanta, Georgia and may be conducted by telephone or online.  The arbitrator shall apply the laws of Georgia to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
  19. Jurisdiction and Venue: Applicable Law. The parties submit to the exclusive jurisdiction and venue of the state courts located in Fulton County, Georgia and the U. S. District Court for the Northern District of Georgia for all legal proceedings that are not arbitrated under this Agreement.  The laws of Georgia shall apply to all issues in dispute, excluding its rules regarding conflicts of law.
  20. Miscellaneous: This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements.  This Agreement may be modified only by a written agreement signed by the parties.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  This license is written in English, and English is its controlling language.

Material Modifications Since November 01, 2017.