MAGNOLIA-KERBECK LLC DBA ENDLESS ESSENCES
TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the "website") is provided by Magnolia-Kerbeck LLC DBA Endless Essences (“Endless Essences", "us" or "we") subject to the following terms (this "Agreement"):
1. Acceptance of Terms
By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by Magnolia-Kerbeck LLC DBA Endless Essences may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Magnolia-Kerbeck LLC DBA Endless Essences Web Site. The failure of Magnolia-Kerbeck LLC DBA Endless Essences, its attorneys, principals or other authorized agents, to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
2. Representations
By using this website you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on EndlessEssences.com, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Magnolia-Kerbeck LLC DBA Endless Essences. EndlessEssences.com is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any User Content or Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).
3. Community Conduct
While using the Magnolia-Kerbeck LLC DBA Endless Essences Web Site or Magnolia-Kerbeck LLC DBA Endless Essences Site Contents, you are a part of the Magnolia-Kerbeck LLC DBA Endless Essences community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the Magnolia-Kerbeck LLC DBA Endless Essences Web Site or Magnolia-Kerbeck LLC DBA Endless Essences Site Content or from purchasing any products or services sold by Magnolia-Kerbeck LLC DBA Endless Essences or through their affiliate relationships; (2) take any action intended to threaten, intimidate or harass any other user of the Magnolia-Kerbeck LLC DBA Endless Essences Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the Magnolia-Kerbeck LLC DBA Endless Essences Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the Magnolia-Kerbeck LLC DBA Endless Essences Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or (5 ) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to Magnolia-Kerbeck LLC DBA Endless Essences or any other person's computers, software or data.
We reserve the right to prohibit use of the Magnolia-Kerbeck LLC DBA Endless Essences Web Site or the purchase of products and services from Magnolia-Kerbeck LLC DBA Endless Essences by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify Magnolia-Kerbeck LLC DBA Endless Essences, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Magnolia-Kerbeck LLC DBA Endless Essences Web Site or Magnolia-Kerbeck LLC DBA Endless Essences Site Content and are not responsible for the accuracy or reliability of any Magnolia-Kerbeck LLC DBA Endless Essences Site Content or opinion, advice, or statement made on the web site, or for any defamatory, offensive, or illegal conduct by any user of the Magnolia-Kerbeck LLC DBA Endless Essences Web Site.
4. Registration & Subscriptions
(a) In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If Magnolia-Kerbeck LLC DBA Endless Essences believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
(b) By subscribing to any EndlessEssences.com subscription-based offerings and blogs, you accept all terms and conditions of use, limitations and requirements.
5. Copyrights and Trademarks
(a) The Magnolia-Kerbeck LLC DBA Endless Essences Web Site and Magnolia-Kerbeck LLC DBA Endless Essences Site Content is the property of Magnolia-Kerbeck LLC DBA Endless Essences and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Magnolia-Kerbeck LLC DBA Endless Essences site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Magnolia-Kerbeck LLC DBA Endless Essences at the Magnolia-Kerbeck LLC DBA Endless Essences Web Site are reserved to Magnolia-Kerbeck LLC DBA Endless Essences and its licensors. Copyright is vested in Magnolia-Kerbeck LLC DBA Endless Essences, EndlessEssences.com as of 2021 into perpetuity and its licensors, successors and assigns. All rights are reserved.
(b) EndlessEssences.com and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by Magnolia-Kerbeck LLC DBA Endless Essences on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to Magnolia-Kerbeck LLC DBA Endless Essences, including, without limitation, Endless Essences, Magnolia-Kerbeck The Magnolia-Kerbeck LLC DBA Endless Essences Web Site and Magnolia-Kerbeck LLC DBA Endless Essences Site Content (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of EndlessEssences.com; the compilation, assembly and arrangement of the materials of EndlessEssences.com; and all other materials related to Magnolia-Kerbeck LLC DBA Endless Essences (collectively, the "Materials") are owned, controlled or licensed by Magnolia-Kerbeck LLC DBA Endless Essences, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Magnolia-Kerbeck LLC DBA Endless Essences, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Magnolia-Kerbeck LLC DBA Endless Essences and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way the rights to exploit fully any or all of the Materials held by Magnolia-Kerbeck LLC DBA Endless Essences. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Magnolia-Kerbeck LLC DBA Endless Essences' rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
(c) Any use of the "Link To Magnolia-Kerbeck LLC DBA Endless Essences" linking feature may be used only as specifically described on the website. No banner or text link may be modified, and no Trademark contained therein may be copied, extracted or otherwise separately used. If you link to our web site, (i) you should not imply that we or any of our affiliates (for purposes of this Agreement only, are endorsing you or your products or services, (ii) you should not imply an affiliation between your company and us or any of our affiliates without prior written consent from us or our affiliate, as the case may be, (iii) you should not misrepresent your relationship with us or any of our affiliates or present false or misleading impressions about Magnolia-Kerbeck LLC DBA Endless Essences products or those of our affiliates, (iv) your website or banners should not contain content that may be interpreted as distasteful, obscene, libelous, defamatory, pornographic or offensive and should be appropriate for all age groups, (v) your website or banners should not contain content that would violate any laws, (vi) your website or banners should not promote MLM, pyramid schemes, Get-Rich-Quick programs or similar types of business or schemes, and (vii) you agree that the link may be removed at any time upon our request pursuant to our reserved rights to rescind our consent to allow the link.
(d) All Magnolia-Kerbeck LLC DBA Endless Essences Gifts, including Magnolia-Kerbeck LLC DBA Endless Essences Printable PDF’s, Magnolia-Kerbeck LLC DBA Endless Essences Wallpaper and Screensavers, are intended only for personal use and may not be sold, reproduced or otherwise disseminated.
6. Restrictions on Use of Materials
(a) Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by Magnolia-Kerbeck LLC DBA Endless Essences in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
(b) Magnolia-Kerbeck LLC DBA Endless Essences respects the intellectual property rights of others and asks users of this website to do the same.
7. Purchases; Other Terms and Conditions
(a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.
(b) Magnolia-Kerbeck LLC DBA Endless Essences’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.
(c) When you purchase any product or service through EndlessEssences.com you may be asked for information required to complete a purchasing transaction, such as credit card numbers, credit card expiration dates, billing address and shipping information. You represent and warrant that you have the legal right to use any credit card or other payment method utilized in connection with any purchasing transaction. By submitting this information you grant Magnolia-Kerbeck LLC DBA Endless Essences the right to share this information with third parties for the sole purpose of fulfilling the completion of the transaction initiated by you, or on your behalf. Verification of information may be required before the completion of a transaction.
8. Disclaimer of Warranties
Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Magnolia-Kerbeck LLC DBA Endless Essences disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Magnolia-Kerbeck LLC DBA Endless Essences does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that Magnolia-Kerbeck LLC DBA Endless Essences’ websites or the servers that make them available are free of viruses or other harmful components. Magnolia-Kerbeck LLC DBA Endless Essences does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. Magnolia-Kerbeck LLC DBA Endless Essences makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and Magnolia-Kerbeck LLC DBA Endless Essences assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above, implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
The information contained on this site and/or in any Invited Submission, its corresponding reply, editorial content, links, books, movies, videos or other products sold, presented, provided or promoted on this website are intended to be educational in nature and for personal enjoyment. This information is not for diagnosis, prescription, treatment or resolution of any health disorder or legal, business or financial matters whatsoever. This information should not replace consultation with a competent professional and Magnolia-Kerbeck LLC DBA Endless Essences and EndlessEssences.com specifically disclaim any such representation, interpretation or assertion whether express or implied. The content of these products is intended as enjoyment and to be used as an adjunct to a rational and responsible program prescribed by an appropriate professional. Magnolia-Kerbeck LLC DBA Endless Essences, its affiliates and any authors, producers, sellers and publishers of these products are in no way liable for any misuse of the material they contain.
9. Limitation of Liability
Magnolia-Kerbeck LLC DBA Endless Essences does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if Magnolia-Kerbeck LLC DBA Endless Essences has been advised of the possibility of such loss or damage. Without limitation, you (and not Magnolia-Kerbeck LLC DBA Endless Essences) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
10. Creative Submissions, Postings, Emails and Communications
(a) Magnolia-Kerbeck LLC DBA Endless Essences does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by Magnolia-Kerbeck LLC DBA Endless Essences staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Any unsolicited submissions will be promptly discarded as if never received.
(b) Areas on this website may expressly request submissions of questions, concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.
(c) In any event, no material you send to us will be treated as confidential.
(d) Please act responsibly when using this website. You may use this website and its contents only for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Magnolia-Kerbeck LLC DBA Endless Essences) or privately transmitted on or through this website are the sole responsibility of the sender, not Magnolia-Kerbeck LLC DBA Endless Essences, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.
(e) Magnolia-Kerbeck LLC DBA Endless Essences requires that you do not post e-mails or submit to us or otherwise make available on this website any content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;
(xii) copies any other pages or images on this website except with appropriate authority;
(xiii) amounts to a "pyramid" or similar scheme;
(xiv) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
(xv) contains links to other sites that contain the kind of content that falls within the descriptions set out at (i) to (xiv) above.
(h) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by Magnolia-Kerbeck LLC DBA Endless Essences anywhere on this website (e.g., on any web space made available for your use).
11. Use of Submitted Content
(a) Magnolia-Kerbeck LLC DBA Endless Essences will consider anything you provide to Magnolia-Kerbeck LLC DBA Endless Essences and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited “Invited Submissions” and those submissions are expressly governed by Additional Terms appearing elsewhere on this website (see "Creative Submissions, Postings, E-mails and Communications" above), in which event those Additional Terms will determine how we will treat your “Invited Submissions”.
(b) Subject to the provisions of any Additional Terms, by posting or uploading any content to this website and/or providing any communication or material to Magnolia-Kerbeck LLC DBA Endless Essences ("User Content"), you automatically and irrevocably:
(i) grant and assign to Magnolia-Kerbeck LLC DBA Endless Essences any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by Magnolia-Kerbeck LLC DBA Endless Essences and/or by any person authorized by Magnolia-Kerbeck LLC DBA Endless Essences, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint Magnolia-Kerbeck LLC DBA Endless Essences as your agent with full power to enter into any document and/or do any act Magnolia-Kerbeck LLC DBA Endless Essences may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Magnolia-Kerbeck LLC DBA Endless Essences shall not be liable for any use or disclosure of such User Content.
12. Hyperlinks To and From Other Sites
(a) This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Magnolia-Kerbeck LLC DBA Endless Essences and you acknowledge that (whether or not such sites are affiliated in any way with Magnolia-Kerbeck LLC DBA Endless Essences) Magnolia-Kerbeck LLC DBA Endless Essences is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Magnolia-Kerbeck LLC DBA Endless Essences or any association with its operators.
(b) Magnolia-Kerbeck LLC DBA Endless Essences cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Magnolia-Kerbeck LLC DBA Endless Essences since other shop channels are owned and operated by independent retailers. Magnolia-Kerbeck LLC DBA Endless Essences does not endorse any of the merchandise, nor has Magnolia-Kerbeck LLC DBA Endless Essences taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Magnolia-Kerbeck LLC DBA Endless Essences does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(c) Any area of this website that is accessed through any third party proprietary online service or website is subject to the rules, policies and guidelines of such third party proprietary online service or website.
13. Downloading Software
Wireless Internet
(a) All software and documentation available for download from the Magnolia-Kerbeck LLC DBA Endless Essences Web Site is the copyrighted work of Magnolia-Kerbeck LLC DBA Endless Essences or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Magnolia-Kerbeck LLC DBA Endless Essences Site Content downloaded or otherwise obtained through the use of the Magnolia-Kerbeck LLC DBA Endless Essences Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Magnolia-Kerbeck LLC DBA Endless Essences Site Content.
(b) The web site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access EndlessEssences.com features and upload content to EndlessEssences.com, receive messages from EndlessEssences.com, and download applications to your wireless Internet Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features.
14. System Abuse
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website, unless otherwise expressly permitted by this website.
(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security, (e.g. password guessing programs, cracking tools or network probing tools), are strictly prohibited.
15. Investigations
Magnolia-Kerbeck LLC DBA Endless Essences reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the website. Magnolia-Kerbeck LLC DBA Endless Essences may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. Magnolia-Kerbeck LLC DBA Endless Essences may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Magnolia-Kerbeck LLC DBA Endless Essences believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Magnolia-Kerbeck LLC DBA Endless Essences may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MAGNOLIA-KERBECK LLC DBA ENDLESS ESSENCES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MAGNOLIA-KERBECK LLC DBA ENDLESS ESSENCES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MAGNOLIA-KERBECK LLC DBA ENDLESS ESSENCES OR LAW ENFORCEMENT AUTHORITIES.
16. Local Regulations
Magnolia-Kerbeck LLC DBA Endless Essences makes no representation that materials or other content in the website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
17. Indemnity
You agree to indemnify and hold harmless Magnolia-Kerbeck LLC DBA Endless Essences, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
18. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Magnolia-Kerbeck LLC DBA Endless Essences site by third parties not within our control, and we are under no obligation to and do not review all content for the inclusion of illegal or impermissible content. However, pursuant to our policy, Magnolia-Kerbeck LLC DBA Endless Essences does not permit material known by us to infringe on another party's copyright to remain on the web site. In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on EndlessEssences.com infringes a copyright, you should provide us with written notice.
19. Waiver of Unknown Claims
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
20. Applicable Law and Jurisdictional Matters
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Virginia, as they are applied to agreements entered into and to be performed entirely within Virginia. Any action you, any third party or Magnolia-Kerbeck LLC DBA Endless Essences may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Leesburg, Virginia, and you expressly consent to the jurisdiction of said courts.
21. Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
22. Modification
Magnolia-Kerbeck LLC DBA Endless Essences reserves the right to make changes to EndlessEssences.com, any published policies, posts, terms and conditions of use at any time without notice. These terms and conditions of use were last updated on 25 May 2021.
Copyright © 2021 Magnolia-Kerbeck LLC DBA Endless Essences - All Rights Reserved.
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