Terms of Service
Welcome to Clearessence.com, the website for CLEAR ESSENCE COSMETICS, USA, INC. The following terms and conditions and any other policies, rules, or guidelines posted by Clear Essence Cosmetics on this website, govern your use of this Website. IF YOU ARE VISITING, OR SHOPPING AT THIS SITE, YOU ACCEPT THESE TERMS OF SERVICE. Please read these Terms of Service carefully before using this Site or purchasing any of the products or using any of the services available on or through our site. These Terms of Service may be changed in the future without prior notice so please check back from time to time. Your continued use of this site after such changes constitutes your acceptance of the new Terms of Service.
Your Use of the Clearessence Website:
Clear Essence grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Clear Essence Cosmetics, USA, Inc. This license does not include any resale or commercial use of this site, or its contents. Any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without the expressed written consent of Clear Essence Cosmetics, USA, Inc. This site or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the express written consent of clearessence.com. 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 Clear Essence without expressed written consent. You may not use any Meta tags or any other “hidden text” utilizing Clear Essence’s name or trademarks without the expressed written consent of Clear Essence Cosmetics, USA, Inc. Any unauthorized use terminates the permission or license granted by Clear Essence Cosmetics, USA, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Clear Essence website so long as the link does not portray Clear Essence or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Clear Essence logo or other proprietary graphics or trademarks as part of the link without expressed written permission.
Proprietary Rights:
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”), is the property of clearessence.com and or our suppliers, sponsors, licensors or affiliates (collectively “Business Partners”), and is protected by the United States and International copyright laws, trademark laws, and trade secret laws, as well as other state, federal and international laws and regulations. We own a copyright in this site as a collective work and/or compilation, and in the selection, coordination, and arrangement of the content. Except as expressly provided in these Terms of Service, neither we, nor our Business Partners grant any rights to you under any patents, copyrights, trademarks, or trade secret information. You understand that by using the site, you may be exposed to content that might be offensive, indecent or objectionable to you. Under no circumstances will Clear Essence Cosmetics, USA, Inc., be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind, incurred as a result of the use of any content made available via the site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Privacy:
We strongly believe in protecting our users privacy. Therefore, we have adopted a privacy policy. Please refer to our Privacy Policy for information on how we use and collect personal information from the users of this Site.
Account Maintenance and Responsibility:
If you wish to purchase any products or use the services on this site, you may open a user log on account with us and/or provide the required information to us. By entering any information on this site, you represent and warrant that:
You are at least 18 years old;
You are using your actual identity; (Fraudulent activities will be reported)
You have provided only your true, accurate, current and complete information;
You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. Clear Essence Cosmetics, USA, Inc., cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations since we do not have access to your logon information. If you wish to cancel a username or password, or if you become aware of any loss, theft, or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Termination:
You or we may suspend or terminate your user account or your use of this site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this site at any time without prior notice.
Product Orders:
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or services on this site does not imply that the product or services is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for that purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Order Acceptance:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
Restrictions:
Not all products and services listed on this site may be available for sale or delivery in every area, location or country. All orders of products or services are subject to prevailing laws, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products, or services.
Compliance with Codes:
Many states and localities have laws, codes and regulations (“Codes”) governing the sale, construction, installation or use of products for certain purposes. You understand and acknowledge that we do not guarantee compliance with such Codes and are not responsible for how a product is installed or used, a product’s suitability for your intended use, or for a product’s compliance with any such Codes. You may contact the manufacturer for additional information about a product’s specifications. You assume all responsibility for compliance with applicable Codes.
Posting/Transmission Conduct:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not clearessence.com, are entirely responsible for all User Content that you upload post, email, transmit, or otherwise make available via the site. Clear Essence Cosmetics, USA, Inc., does not control the User Content posted via the site and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will clearessence.com be liable in any way, shape or form for any User Content, including, but not limited to site content, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the site. You agree not to use the site to: upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a clearessence.com representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the site; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site; intentionally or unintentionally violate any applicable local, state, national or international laws; “stalk” or otherwise harass another; or collect or store personal data about other users. You acknowledge that clearessence.com does not pre-screen User Content, but that clearessence.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the site. Without limiting the foregoing, clearessence.com and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Submissions:
We welcome feedback, suggestions and ideas about this site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, site postings and other materials that you disclose or offer to us on or in connection with this site (“Submissions”) are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you have hereby assigned to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on the site or elsewhere. You shall not assert any proprietary right or moral right of any kind with respect to any Submissions.
Advertisements:
We, in our sole discretion, may post the advertisements or other materials of third parties on this site. Your correspondence or any other transaction with advertisers found on this site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this site.
Links:
We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this site or sites linking to this site, and we accept no responsibility in connection therewith. Any linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes, or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. When leaving this site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions, and policies, including privacy and data gathering practices, of each linked site.
Intellectual Property Infringement Complaints:
It is the strict policy of Clear Essence Cosmetics, USA, Inc., to respect the intellectual property rights of others. If you believe that your intellectual property has been infringed upon, please provide us with the following information: a description of the intellectual property that you claim has been infringed upon as well as an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law; the location on the site of such material that you claim is being infringed upon; your address, telephone number, and email address.
Disclaimers:
You expressly agree that use of this site is at your sole risk. This site, and any content available on this site, are provided on an “as-is” and “as available” basis. Neither we, nor any of our business partners represent or warrant that this site will be uninterrupted or error-free, that defects, if any, will be corrected, or that this site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of this site or any content available on this site. Product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable. To the fullest extent permissible by applicable law, we and each of our business partners disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, with respect to this site or any content available on this site. All products and services purchased on or through this site are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers. To the full extent permissible by applicable law, we disclaim all warranties of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through this site. We disclaim any and all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication. We make no warranties to those defined as “consumers” in the Magnusson-moss warranty-federal trade commission improvements act.
Limitations of Liability:
in the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site. In the event of any problem with the products or services that you have purchased on or through this site, you agree that your remedy, if any, is from the manufacturer of such products or the supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, return and refund policies, and that we have no liability to you. Under no circumstances, shall we or any of our business partners, or any of our distributors or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing our products through this site or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with this site or any content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.
Indemnification:
You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys’ fees) arising out of or related to your use of this Site, any purchases you make on or through this site, content you post or transmit on this site, any violation of these Terms of Service by you, or any violation of any rights of any person or entity by you.
Choice of Law; Venue:
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to its conflict of laws principles. You irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for state of California U.S.A.
Notices:
Except as expressly stated otherwise, all formal notices to us shall be sent to 14900 Hilton Drive, Fontana, CA 92336. Attn: General Counsel. All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed as received given one business day after the email is sent.
Miscellaneous:
These Terms of Service and any other policies, rules or guidelines posted by Clear Essence Cosmetics, USA, Inc., on this site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms of Service shall bind either of us. Any of these Terms of Service, which are determined to be invalid or unenforceable in any jurisdiction, shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms of Service or affecting the validity or enforceability of these Terms of Service in any other jurisdiction. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer, or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms of Service shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein. A printed version of these Terms of Service and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Information:
If you have any questions regarding this site or any requests for additional information concerning Clear Essence Cosmetics, USA, Inc, please send us an email at cs@clearessence.com or write to us at 14900 Hilton Drive, Fontana, CA 92336.
