Updated: March 31, 2010
Thank you for visiting the Buddha Brand, LLC website (the ““Website”). This Website is controlled, operated and administered by Buddha Brand, LLC ("Buddha Brand", "we", "us" and “ours”).
Your access to and use of our Website is subject to the following Terms of Use (these "Terms of Use") and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you are younger than 18 years of age, you are forbidden from becoming a member of the Website or posting information on the Website.
All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. Buddha Brand will make such changes by posting them here. You should check this page periodically for such changes. You agree that neither we nor any parent, subsidiary, or affiliate (collectively, the "Affiliates") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.
Buddha Brand uses reasonable efforts to include accurate and up to date information in the Website, however, since information changes so quickly, Buddha Brand is unable to make any warranties or representations as to its accuracy. BUDDHA BRAND FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE.
1. Use; Copyrights and Trademarks
You agree not to copy, reproduce, or modify any portion of the Website. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which Buddha Brand owns or has the right to use.
Material can be downloaded solely for the limited use of conducting business with Buddha Brand, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Website or use of them for any other purpose will violate our intellectual property rights (and possibly the intellectual property rights of some other parties).
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You acknowledge and agree that you (and not Buddha Brand) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.
This Website and all of its content provided by Buddha Brand are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Website is the exclusive property of Buddha Brand and its subsidiaries (and third parties who have provided content) and may not be used for any purpose other than conducting business with Buddha Brand and its Affiliates. Additionally, the names and logos of Buddha Brand and its subsidiaries, some of which are listed below, are trademarks and/or service marks of Buddha Brand.
The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Website are registered and unregistered trademarks of Buddha Brand and others. In addition, all page headers, custom graphics, button icons and scripts may be service marks, trademarks and or trade dress of Buddha Brand and may not be copied, in whole or in part, without the prior written permission of Buddha Brand. You acknowledge that the Trademarks used and displayed on this Website are and shall remain the sole property of Buddha Brand or the Trademark owner. Nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of Buddha Brand or the Trademark owner. Your misuse of the Trademarks on the Website and in its contents, except as provided in these Terms of Use, is strictly prohibited. You are advised that Buddha Brand will aggressively enforce its intellectual property rights in the Website and its contents to the fullest extent of the law, including by seeking criminal sanctions.
2. Unauthorized Use or Access
You may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Website, nor insert any code or product or manipulate the content in any way that affects any user's experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:
3. Links To Other Websites
For the convenience of users of the Website, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent sites may collect data or solicit personal information from you. The existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by Buddha Brand or the Affiliates of the owner or proprietor of the linked Internet website.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
PLEASE BE ADVISED THAT TO THE EXTENT THAT THE BUDDHA BRAND PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE BUDDHA BRAND CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
Buddha Brand shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice
4. No Confidentiality; Accuracy of Information You Submit
Buddha Brand does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Website, any products or services of Buddha Brand or any of the Affiliates, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other submission through the forums or otherwise on or through the Website (whether or not in response to a solicitation made on or through the Website), you agree that such submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such submission, and that Buddha Brand has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such submission, that no other party has any trade secret or any other rights in the submission. You acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness, originality, and copyright. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Website.
5. Product and Service Availability; Acceptance
Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. Buddha Brand reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Website is void where prohibited.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
6. Termination of Access
These Terms of Use are in effect until terminated by Buddha Brand. In addition to any right or remedy that may be available to Buddha Brand under applicable law, Buddha Brand may suspend, limit, or terminate all or a portion of your access to the Website, and/or your rights to use any of the content, at any time with or without notice and with or without cause, including without limitation, if Buddha Brand believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Website will immediately cease. In addition, Buddha Brand may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Buddha Brand and the Affiliates shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Website. Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 and 14 shall survive any expiration or termination of these Terms of Use.
7. Privacy
Buddha Brand respects the privacy of its users and has created a Privacy Policy that explains users’ rights and responsibilities with respect to personal information disclosed on the Website. To read our Privacy Policy, please click here. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.
8. Disclaimer
THE BUDDHA BRAND WEBSITE AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUDDHA BRAND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BUDDHA BRAND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACBUDDHA BRAND OR RESULT FROM YOUR USE OF OUR WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. BUDDHA BRAND THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
9. Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
10. Disclaimer – Ingredient, Natural, Processes, FAQs content
THE CONTENT CONTAINED IN INGREDIENT, NATURAL, PROCESSES AND FAQS PAGES OF THIS WEBSITE FOR SOME OF OUR PERSONAL CARE PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES AND NATURAL THERAPIES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.
SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
11. Indemnification
You agree to indemnify, defend and hold harmless Buddha Brand, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
12. Contact Us
Should you have any questions regarding these Terms of Use, please submit them through cat@buddhabrand.com.
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 Website, please send an e-mail to cat@buddhabrand.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., Sacramento, CA 95834, or by telephone at (800) 952-5210.
13. Governing Law
The Website is controlled, operated and administered by Buddha Brand (or its licensees) from its offices within the United States of America and is not intended to subject Buddha Brand to the laws or jurisdiction of any state, country or territory other than that of the United States. Buddha Brand does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. We in no way imply that the materials on our Website are appropriate or available for use outside of the United States. If you use our Website from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations. These Terms of Use are governed by the laws of the State of Nevada. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF NEVADA, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS FOR JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.
14. Miscellaneous
The failure of Buddha Brand to partially or fully exercise any rights or the waiver of Buddha Brand of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Buddha Brand or be deemed a waiver by Buddha Brand of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Buddha Brand under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Buddha Brand's right to exercise any other right or remedy. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Buddha Brand. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Buddha Brand's discretion (in the latter two situations, via the most recent address that we have on file). The Website may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.