Last updated: February 24, 2023
Introduction
Welcome to grafenlip.shop (the “Site”), owned and operated by Grafen Lip Balm (“Grafen Lip Balm”, “we”, “us” and/or “our”). We provide an online shop for purchasing our lip balm products.
Please read these Terms of Use carefully before using our Site and shop. By accessing or using the Site, you agree to be bound by these Terms of Use and all terms incorporated herein by reference. If you do not agree to these Terms of Use, do not access or use our Site.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose personal information.
Modification of Terms
We reserve the right, at our discretion, to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site. Unless otherwise stated, all amended Terms of Use will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes to the Terms of Use constitutes your acceptance of those changes. It is therefore important that you review these Terms of Use regularly.
Site Access and Use
License to Use the Site:
Subject to your compliance with these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site solely in connection with your use of Grafen Lip Balm products.
Site Availability:
We will use reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, in our sole discretion and without any liability to you, to modify, suspend or discontinue all or any portion of the Site at any time without notice.
Modification of Site:
We reserve the right to modify or discontinue all or any portion of the Site with or without notice to you. We will not be liable if any modification, suspension or discontinuance of all or any portion of the Site prevents you from accessing or using the Site.
Prohibited Uses:
You agree not to use the Site for any purpose that is unlawful under applicable laws, regulations or these Terms of Use. You are prohibited from any use of the Site that would infringe or violate any third party rights. Without limiting the foregoing, you agree not to:
- infringe or violate any intellectual property rights, privacy rights, or any other rights of ours or any third parties;
- use the Site for any fraudulent or inappropriate purpose;
- interfere with or compromise the normal functioning, operation or security of the Site;
- attempt to gain unauthorized access to computer systems or networks related to the Site;
- use any data mining or similar data gathering and extraction methods in connection with the Site; or
- upload or transmit any software viruses or other harmful computer code.
No Warranties:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WE DO NOT MAKE ANY WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
Limitations of Liability:
IN NO EVENT WILL GRAFEN LIP BALM OR ITS DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE.
Shop and Orders
Product Representations:
The images, descriptions and other representations of Grafen Lip Balm products on the Site (“Product Representations”) are for general informational purposes only. While we try to describe and depict the products accurately, we do not warrant that the Product Representations are complete, current, reliable, accurate or error-free. The actual appearance, ingredients and effects of the products may vary from what is portrayed in the Product Representations.
Product Availability:
We will use reasonable efforts to keep adequate inventory of our products. However, items shown on the Site are subject to availability and we cannot guarantee availability of any particular product. We may reject orders due to unavailability and will notify you if this occurs.
No Resale of Products:
The products offered through the Site are for end user consumption only. You are not authorized to purchase products for resale purposes.
Purchase Process:
We will request certain information from you to process orders, including your name, email address, shipping address, payment information and other details. You represent and warrant that all information provided by you to complete a purchase is current, complete and accurate.
We reserve the right to refuse or cancel orders in our sole discretion for any or no reason, including due to errors or inaccuracies in the information provided during the purchase process. If your order is cancelled, we will notify you by email and refund any payment already made for the applicable order.
Prices:
The prices posted on the Site are quoted in U.S. dollars and are valid and effective only within the United States. We reserve the right to discontinue or change pricing for any product at any time for any reason. In the event of a pricing error on the Site that results in you being charged less than the actual price for a product, we may, at our discretion, either contact you for additional payment to complete the order or cancel the order and refund any amount already paid.
Shipping Policies:
Our shipping policies, including shipping cost and delivery time estimates, limitations and restrictions, are provided on the Site. By placing an order, you agree to our shipping policies.
Sales Tax:
If you purchase any items on the Site, you will be responsible for paying any applicable sales tax.
Returns and Refunds:
Please review our return and refund policies posted on the Site. You may request a refund or replacement for any item purchased on the Site that is defective, damaged or materially different than what was represented on the Site, subject to the requirements of applicable law.
Limitation of Liability:
OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS INVOLVED IN THE CLAIM.
User Content
The Site may allow you to upload or submit photographs, images, reviews and other content (“User Content”). User Content is subject to the following policies:
- You grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, worldwide license to use, reproduce, archive, publish, display, modify, create derivative works from and distribute the User Content in any and all media or form of communication whether now existing or developed in the future.
- You represent and warrant that: (i) you own or have all necessary rights for the User Content and all rights in the User Content are fully cleared for our use; (ii) the User Content does not infringe or violate any third party rights; (iii) our use of the User Content as licensed herein does not require the payment of any fees or consideration to any third party; and (iv) our use of the User Content will not violate any law or regulation.
- We do not endorse or warrant the accuracy or reliability of any User Content. We have no obligation to monitor or review User Content, but reserve the right to remove any User Content at any time without notice or liability to you. You are solely responsible for your interactions with other users relating to User Content you post.
- By uploading or submitting User Content, you grant us permission to display and distribute your User Content on or through the Site.
Intellectual Property Rights
Site Content:
All content on the Site, including text, graphics, logos, software, video and audio, images, button icons, trademarks, service marks, trade names and other content is our property or the property of our content partners and is protected by U.S. and international copyright and trademark laws. The compilation of all content on the Site is our exclusive property and protected by U.S. and international copyright laws.
Trademarks:
The trademarks, service marks, trade names, trade dress and logos (collectively, “Trademarks”) displayed on the Site are registered and common law Trademarks of Grafen Lip Balm, our affiliates or third parties. All Trademarks not owned by Grafen Lip Balm are used with permission. Nothing on the Site or in these Terms of Use grants any license or right to use any Trademark displayed on the Site without our prior written consent.
Domain Name:
The domain name for the Site and any subsidiary domains are the sole property of Grafen Lip Balm. Any use of the domain name without our prior written consent is strictly prohibited.
Copyright Policy
We respect the intellectual property rights of others. If you believe your copyrighted work has been copied or shared on the Site in a way that constitutes copyright infringement, please submit a notice with the following information:
- Your name and contact information;
- The infringed copyrighted work (for example, a link to the page containing the work);
- Identification of the infringing material;
- A statement that you have a good faith belief the disputed use is not authorized by the copyright owner; and
- A statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Our copyright agent for notices of claims of copyright infringement can be reached as follows:
Email: [email protected]
Mail: Grafen Lip Balm Legal Dept., 123 Main St., Nashville TN 37217
We will remove allegedly infringing content upon receipt of a compliant notice, in appropriate circumstances. Submitting a false or fraudulent notice may result in legal claims for damages.
Governing Law
These Terms of Use shall be governed by the laws of the State of Tennessee, without respect to conflicts of law principles. Any dispute arising from these Terms of Use shall be adjudicated in the courts located in Nashville, Tennessee.
Disclaimers
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
NO INFORMATION, ADVICE OR SERVICES OBTAINED FROM THE SITE SHALL CREATE A WARRANTY BY US NOT EXPRESSLY STATED IN THESE TERMS OF USE.
THE INCLUSION OF PRODUCTS OR SERVICES ON THE SITE AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS OR SERVICES WILL BE AVAILABLE AT ANY TIME.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY STATEMENTS, OPINIONS OR ADVICE PROVIDED BY ANY PARTY OTHER THAN US. RELIANCE ON ANY SUCH STATEMENTS, OPINIONS OR ADVICE IS AT YOUR OWN RISK.
Limitations on Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR INDIRECT COSTS OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, DATA AND/OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING FROM OR RELATING TO THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED THEREON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL, AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST YEAR.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnity
You will defend, hold harmless and indemnify us and our directors, employees, contractors, agents, affiliates, subsidiaries and partners from and against any third-party claims, liabilities, damages, obligations, losses, costs and expenses (including reasonable legal fees) arising from or relating to: (i) your access to or use of the Site; (ii) your violation of these Terms of Use; and (iii) your infringement or violation of any third party rights.
##Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then: (i) the remaining provisions of the Terms of Use shall remain in full force and effect; and (ii) such affected provision will be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality or unenforceability), and shall be substituted (in respect of such jurisdiction only) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
##Assignment
You may not assign or transfer these Terms of Use, or any rights granted hereunder, in whole or part, whether voluntarily, by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms of Use in our sole discretion to any third party without notice to you. Subject to the foregoing restrictions, these Terms of Use will be fully binding upon and enforceable by the parties and their respective successors and assigns.
##Entire Agreement
These Terms of Use constitute the entire agreement between you and Grafen Lip Balm relating to your access to and use of the Site. Our failure to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Section titles in these Terms of Use are for convenience and have no legal or contractual significance. No agency, partnership, joint venture or employee-employer relationship exists between you and Grafen Lip Balm because of these Terms of Use or your use of the Site.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
Grafen Lip Balm Legal Dept.
123 Main St.
Nashville, TN 37217
Email: [email protected]
Thank you for visiting our Site!