Contact Customer Support
(9:00AM - 5:00PM PST) Toll Free: +1(800)-939-7547
Email: support@InfusedEssence.com (9:00AM - 5:00PM PST)
Accuracy and Timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Subscriptions and billing:
The subscription box monthly charge varies depending on what subscription service you sign up for. By opting into our subscription box service you accept a monthly charge to be automatically drawn from your account 30 days from your initial date of purchase. You will be charged every 30 days until we receive a formal request to cancel. Shipping is free. Product pricing is subject to change. For cancellations see our “Return Policy”
Shipping & Handling:
Shipping and Handling are free. Expedited shipping charges vary per product and include total weight. Refer to the shipping calculator prior to check out. Products are shipped within one (1-2) business day from time of order and can arrive within 7-10 business shipping via USPS. Expedited shipping can take up to 3-4 business days.
Return & Refund Policy
Infused Essence will gladly accept the return of products that are within our 30 Day Money Back Guarantee, from the date of delivery. Returned products must be in currently marketable condition to receive a full refund less the return cost and S&H. Products not in currently marketable condition will receive a store credit of the full price less the return cost and S&H.
Return of Damaged, Incorrectly Sent Products, Theft & Loss.
Infused Essence will accept the return of products that are defective due to defects in manufacturing and /or workmanship for 30 days from the date of delivery. Issues with our products must be communicated to us and returned within thirty 30 days of receipt. Returned products will be replaced or refunded. However, if a refund or exchange is not possible, we reserve the right to issue a credit for the amount of the exchanged products, less the return, and S&H cost. Customers who have not received their orders due to theft or lost package, please see “Risk of Loss” for more information.
Products purchased as part of a subscription box or package must be returned as the entire kit. If you wish to return your subscription and are within our 30MBG, you must contact us to request for an RMA number. For a full refund, products must be in currently marketable condition.
Currently Marketable Condition
Products are considered “currently marketable condition” if each of the following elements is satisfied:
1) Products are unopened and unused.
2) Packaging and labeling have not been altered or damaged.
3) The product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price.
4) The product expiration date has not elapsed.
5) The product contains current Infused Essence labeling. Products shall NOT be considered in currently marketable condition if The Company discloses prior to purchase that the products are seasonal, discontinued, limited time offers, or special promotion products not subject to the Return Policy.
All returns, refunds and or exchanges must go through the Return Merchandise Authorization (RMA) process. Please contact our customer service team to initiate the RMA process. From the date you request to RMA, you have up to 14 calendar days to fulfill the RMA return process or request for assistance. If after 14 days you have not fulfilled or contacted us regarding the progress of your return, your RMA number is no longer valid and you are no longer eligible for a refund. We do not provide prepaid shipping labels.
Once you have initiated the RMA process we will issue you an RMA number by email and/ or phone. Clearly, write the RMA number on the outside of the box. All shipping cost regarding returns, refund and or exchanges are the sole responsibility of the customer. Once we receive the RMA and confirm its contents, we will issue you a refund for the cost of the products, minus shipping and handling cost. Refunds will not be issued until we confirm the returned merchandise and its condition. Items must be in currently marketable condition for a full refund.
Infused Essence Returns
5910 SeaLion Place Suite 140
Carlsbad, CA 92010
Please be aware that your refund of the purchase price, less shipping, and handling, will be processed within 5-7 business days. Refunds, once issued can take up to thirty (30) days to appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please email or call our customer service department.
Infused Essence accepts no liability for misuse of essential oils, diffusers & accessories or for any reliance on content provided by us, our website or our affiliates. If you rely on any Infused Essence content or the Infused Essence service, you do so solely at your own risk. All of our advice has been provided on the basis that there are no known contraindications. The information provided by the company and its affiliates are for personal information and interest only. Content on our website is not intended to offer professional medical advice or treatment for any condition. Any statements on this site or any materials or supplements distributed or sold by us has not been evaluated by the Food and Drug Administration. This product is not a medical device, and is not intended to diagnose, treat, cure, or prevent any disease, illness, ailments or medical conditions.
If you have any health problems or are taking any medication you should seek advice from your healthcare provider prior to using essential oils or aromatherapy. People with known upper respiratory illnesses or weaknesses, such as asthma or COPD, should not use our diffusers and diffuser accessories. If you are pregnant, nursing, taking medication, or have medical conditions we strongly advise consulting your physician before using any of our products. The results of all products are not typical and not everyone will experience the same effects.
Infused Essence sells a variety of electrical equipment or diffusers with heating elements contained inside that could cause injury, explosion, fire or death if not handled properly. Do not attempt to improperly disassemble or modify your Infused Essence product. Doing so will void the warranty and can result in a safety hazard.
Do not use your Infused Essence product is damaged or tampered with.
Do not expose your Infused Essence product to extremely high or low temperatures.
Do not use abrasive cleaners to clean your Infused Essence products.
Do not dispose of your Infused Essence product in a fire. The battery could explode.
Do not use or charge your Infused Essence product while it is wet.
CAUTION: Consult your doctor before use of essential oils or aromatherapy.
CAUTION: Consult your doctor before use, if you have any preexisting conditions that might be affected by your use of this Infused Essence product.
CAUTION: Our product is not a toy. Do not allow children or pets to play with your Infused Essence product.
Risk of Loss
All items purchased from Infused Essence are made pursuant to a shipment contract. This means that the risk of loss and title for such items are passed on to you upon our delivery to the carrier USPS/DHL. In the rare event, your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation email. We require a police report to be made with your local police department and a report number for proof. We will then conduct an investigation which could take up to 2 weeks. This does not guarantee a replacement or refund.
Customer and Visitor Responsibilities
1. Provide Accurate Information
Additionally, you must provide correct and honest information such as but not limited to your full name, primary phone number, primary email address and correct address. You can't pretend to be someone who you are not. You are responsible for the maintenance of appropriate security measures for your passwords, account numbers and other information you file with us or receive from us regarding your account. You are entirely responsible for obtaining access to the Websites and for paying all expenses involved in obtaining such access. Incorrectly shipped orders due to customer error are not our responsibility. Our system automatically creates a shipping label with the information provided to us by you, the customer.
2. Issues Comments or Concerns
If you have any claims that against InfusedEssence.com and its affiliates, regarding the our performance as outlined by these Terms & Conditions along with all policies, guidelines and procedures herein, you agree to give us prompt notice (which includes but is not limited to a full explanation of events occurred and documentation of these claims) and a reasonable opportunity to provide a resolution the issue as we see fit. You agree to contact us immediately to correct any order discrepancies or invalid address information. Contacting and/or filing a complaint with us does not guarantee a replacement, reshipment or 100% refund. The result of the complaint and its resolution is at our sole discretion.
3. Copy of records
You are also responsible to backup all of your data (including data are given or received) regularly and in a reliable manner and have such backups conveniently available. You agree that the information you provide about yourself is accurate, current and complete. Similarly, information that you provide about your tax situation must be accurate, current and complete in order for your taxes to be prepared properly. You agree to abide by all applicable local, state and federal laws and regulations. You alone are responsible for all acts or omissions that occur under your account or password.
TERMS OF SERVICE
This Terms of Service (“TOS”) is a legally binding agreement made by and between (“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). This TOS governs your use of the website (“Web Site”) and the services we offer on the Web Site (“Services”), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE.
1. Using the Web Site.
(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with wherein you, the consumer purchase one of the products found on the Web Site.
(b) Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations, and rules when you use the Web Site.
(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other rights of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.
(e) Other Users. If you become aware of any conduct that violates this TOS, We encourage you to contact Customer Service. We reserve the right but will have no obligation, to respond to such communications.
2. Your Content.
(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider being obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS).
3. The accuracy of Information.
We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.
4. Sales Tax.
If you purchase any products available on the Web Site (“Products”), you will be responsible for paying any applicable sales tax indicated on the Web Site.
We reserve the right to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
(b) Trademarks. The related design marks and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
7. Third Party Websites.
may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third parties. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that you disclose submit or offer to us in connection with your use of the Web Site will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.
11. Disclaimer, Exclusions & Limitations.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH-RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM 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 MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in Wilmington, DE before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in New Castle County, Delaware to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
You and Infused Essence agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Infused Essence products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Infused Essence further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Infused Essence further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Infused Essence will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Infused Essence in writing and provided a copy of the arbitration proceedings. However, if Infused Essence is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Infused Essence. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
15. Waiver of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Infused Essence and may not preside over any kind of representative or class proceeding against Infused Essence. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
17. Modification of Terms & Conditions.
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
21. Additional Terms.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without regard for conflict of law principles. This TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.
You hereby represent and warrant that: You are age eighteen (18) or older. Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Infused Essence Service unless their parent has consented in accordance with applicable law. You have read this Agreement and thoroughly understand the terms contained.