Terms of Service
Welcome to OrganysBeauty.com. Organys LLC and/or its affiliates (“Organys”) provide website features and other products and services to you when you visit or shop at OrganysBeauty.com, use Organys products or services (collectively, the “Organys Products & Services”). Organys provides the Organys Products & Services subject to the following conditions.
When you use Organys Products & Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications and promotional offers from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other means, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Organys Products & Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Organys or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Organys Products & Services is the exclusive property of Organys and protected by U.S. and international copyright laws.
Organys is a trademark owned by Organys LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Organys Products & Services are trademarks or trade dress of Organys in the U.S. and other countries. Organys’ trademarks and trade dress may not be used in connection with any product or service that is not Organys’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Organys. All other trademarks not owned by Organys that appear in any Organys Products & Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Organys.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Organys or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Organys Products & Services. This license does not include any resale or commercial use of any Organys Products & Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Organys Products & Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Organys or its licensors, suppliers, publishers, rightsholders, or other content providers. No Organys Products & Services, nor any part of any Organys Products & Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Organys. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Organys without express written consent. You may not use any meta tags or any other “hidden text” utilizing Organys’ name or trademarks without the express written consent of Organys. You may not misuse the Organys Products & Services. You may use the Organys Products & Services only as permitted by law. The licenses granted by Organys terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Organys account to use certain Organys Products & Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may be allowed from time to time to post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Organys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Organys a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Organys and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Organys for all claims resulting from content you supply. Organys has the right but not the obligation to monitor and edit or remove any activity or content. Organys takes no responsibility and assumes no liability for any content posted by you or any third party.
Organys respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
RISK OF LOSS
All purchases of physical items from Organys are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Organys does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Organys does not take title to the refunded item.
Organys attempts to be as accurate as possible. However, Organys does not warrant that product descriptions or other content of any Organys Products & Services is accurate, complete, reliable, current, or error-free. If a product offered by Organys itself is not as described, your sole remedy is to return it in unused condition.
SANCTIONS AND EXPORT POLICY
You may not use any Organys Products & Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Organys Products & Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ORGANYS PRODUCTS & SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ORGANYS PRODUCTS & SERVICES ARE PROVIDED BY ORGANYS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ORGANYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ORGANYS PRODUCTS & SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ORGANYS PRODUCTS & SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ORGANYS PRODUCTS & SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ORGANYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORGANYS DOES NOT WARRANT THAT THE ORGANYS PRODUCTS & SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ORGANYS PRODUCTS & SERVICES, ORGANYS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ORGANYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ORGANYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ORGANYS PRODUCTS & SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ORGANYS PRODUCTS & SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Organys Products & Services, or to any products or services sold or distributed by Organys or through OrganysBeauty.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 333 Busse Hwy #1158 Park Ridge IL 60068. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Organys Products & Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Organys.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Organys Products & Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
333 Busse Hwy #1158
Park Ridge IL 60068
ADDITIONAL ORGANYS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Organys Products & Services (the “Organys Software”).
- Use of the Organys Software. You may use Organys Software solely for purposes of enabling you to use the Organys Products & Services as provided by Organys, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Organys Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Organys Software in whole or in part. All software used in any Organys Products & Services is the property of Organys or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Organys Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Organys Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Organys Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Organys Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Organys or third-party terms applicable to any portion of Organys Software, such as open-source license terms, such other terms will control as to that portion of the Organys Software and to the extent of the conflict