Terms and Conditions
Welcome to A Celebrated Mess! A Celebrated Mess. (“A Celebrated Mess”, “us” or “we”) is the operator of the www.acelebratedmess.com site (the “Site”). These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”), govern your access and use of the Site, including any content, functionality, subscriptions, and services offered on or through the Site, whether as a guest or a registered user. These Terms also apply to the purchase and sale of products and subscriptions service through the Site.
This website contains general information about health and wellness. None of the information is advice and should not be considered or treated as a substitute for advice from a healthcare professional. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. You should always consult your physician before you begin the use of any essential oil product, especially if you are taking prescription medication, are pregnant, or wish to become pregnant. Your use of these products is done at your own risk and is done with the agreement that you will not hold liable A Celebrated Mess, LLC.
The general information and content on this website is provided “AS IS” without any representations or warranties of any kind, express or implied. By purchasing and using the products sold on this website, you agree to use them as directed and as intended. The Company makes no representations or warranties whatsoever in relation to the health information on this website or for results that may have arisen due to misuse of the products.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in the Company materials, including this website, the Company blog, any Company emails and newsletters or other information and/or marketing materials, or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment.
Neither the Company nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU START TO USE THE SIT, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. By using the Site, you represent and warrant that you are located inside the United States and agree to be bound by U.S. laws. The Site is intended for users situated in the United States. We currently do not offer goods and services outside of the U.S.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of A Celebrated Mess. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of A Celebrated Mess. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site, or A Celebrated Mess’s network security, or attempting to use the Site service to gain unauthorized access to any other computer system; and
- Using the Site to drop ship merchandise to third parties.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of A Celebrated Mess.
2. Registration and Passwords
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies (see below), review guidelines, User Generated Content Terms; community guidelines and any present or future membership reward programs and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
4. Site Not for Minors
5. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to A Celebrated Mess the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. A Celebrated Mess reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with A Celebrated Mess and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
7. The Subscription Contract Between You and Us
A Celebrated Mess may offer various subscription types: including re-billable monthly subscriptions (“Month-to-Month Re-billable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); re-billable monthly subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Monthly Subscriptions With Commitment”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of A Celebrated Mess subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, A Celebrated Mess may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before A Celebrated Mess reasonably could act. Information on how to cancel is described below.
MONTH-TO-MONTH RE-BILLABLE SUBSCRIPTIONS
By purchasing a Month-to-Month Re-billable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by A Celebrated Mess after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Re-billable Subscription renewal.
Cancellation Policy for Month-to-Month Re-billable Subscription Renewals
To cancel your Month-to-Month Re-billable Subscription at any time, you may (i) log-on to your account and follow the cancellation procedures there, (ii) send us a message at firstname.lastname@example.org, and we will do it for you, or (iii) call 205-577-0122 and speak to our Customer Service who will help you cancel. If you cancel, you will not be re-billed during your next monthly billing cycle.
PRE-PAID SUBSCRIPTIONS WHERE APPLICABLE
By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by A Celebrated Mess after the expiration date of your payment card.
Automatic Renewal Terms
At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six or twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.
Cancellation Policy for Prepaid Subscriptions Renewals
To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may (i) log-on to your account and follow the cancellation procedures there, (ii) send us a message at email@example.com, and we will do it for you, or (iii) call 205-577-0122 and speak with our Customer Service who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
MONTHLY SUBSCRIPTIONS WITH COMMITMENT
If You have a Prepaid Subscription, you will receive notice whether, Monthly Subscriptions with Commitment terms apply to You when your plan renews.
By purchasing a Monthly Subscription with Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by A Celebrated Mess after the expiration date of your payment card.
Automatic Monthly Subscriptions with Commitment Renewal Terms
Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.
Cancellation Policy for Monthly Subscriptions with Commitment Renewals
- To cancel your 3-Month Subscription renewal for the following three months, at any time, you (i) log-on to your account and follow the cancellation procedures there, (ii) send us a message at firstname.lastname@example.org, and we will do it for you, or (iii) call 205-577-0122 and speak with our Customer Service who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
- To cancel your 6-Month Subscription renewal for the following six months, at any time, you may (i) log-on to your account and follow the cancellation procedures there, (ii) send us a message at email@example.com, and we will do it for you, or (iii) call 205-577-0122 and speak with our Customer Service who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
- To cancel your 12-Month Subscription renewal for the following six months, at any time, you may (i) log-on to your account and follow the cancellation procedures there, (ii) send us a message at firstname.lastname@example.org, and we will do it for you, or (iii) call 205-577-0122 and speak with our Customer Service who can help you cancel. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
CHANGES TO THE PRICE AND TO A CELEBRATED MESS SUBSCRIPTIONS PLANS
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your A Celebrated Mess Subscriptions Plans will take effect following notice to you.
8. Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
9. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of A Celebrated Mess or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
A Celebrated Mess and the A Celebrated Mess logo are trademarked, All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's content is copyrighted by A Celebrated Mess, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by A Celebrated Mess.
If you submit an unsolicited idea to us via the Site or otherwise, you understand and acknowledge that such idea is not submitted in confidence, and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for A Celebrated Mess to utilize your idea, you hereby grant A Celebrated Mess an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Contributed Content Guidelines
A Celebrated Mess values your engagement. When contributing content, please remember the following guidelines:
- By submitting or posting any materials or content on the Site, you grant A Celebrated Mess a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant A Celebrated Mess the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. A Celebrated Mess will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
- All contributed content is subject to the Terms, which include our policy regarding copyright infringement, and our User Generated Content Terms;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
We are under no obligation to screen or monitor any content, but may review the content from time to time at its sole discretion. We reserve the right to edit or remove any content at our sole discretion for any reason.
Under no circumstances will A Celebrated Mess be liable in any way for any content or materials of any third parties, 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 such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or endorse any opinions expressed therein.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com.
11. General Disclaimers
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, A CELEBRATED MESS, LLC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
A Celebrated Mess makes no warranties of any kind regarding any non-A Celebrated Mess sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and A Celebrated Mess makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-A Celebrated Mess sites. A Celebrated Mess does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
A CELEBRATED MESS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS COMPLETE SINCE THIS INFORMATION MAY, ON OCCASION, BE MODIFIED ON OUR PRODUCTS AND UPDATES THAT MAY BE LISTED ON THE ACTUAL PRODUCT LABELS MAY NOT BE YET ON THE WEBSITE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
12. Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Siteis not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by A Celebrated Mess are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of A Celebrated Mess. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
You agree to indemnify, hold harmless, and defend A Celebrated Mess, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL A CELEBRATED MESS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF A CELEBRATED MESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF A CELEBRATED MESS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO A CELEBRATED MESS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
16. International Use
We control and operate the Site from the United States. We provide this Site for use only persons located in the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
18. Copyright Infringement; Notice and Take Down Procedures
A Celebrated Mess specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. A Celebrated Mess will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notice of claimed copyright infringement should be sent to the following address:
A Celebrated Mess, Inc.
228 Camden Lake Dr.
Calera, AL 35040
Attention: Tori Quinn
To be effective, the notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19. Waiver; Remedies
The failure of A Celebrated Mess to partially or fully exercise any rights or the waiver of A Celebrated Mess of any breach of these Terms by you shall not prevent a subsequent exercise of such right by A Celebrated Mess or be deemed a waiver by A Celebrated Mess of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of A Celebrated Mess under these Terms and any other applicable agreement between you and A Celebrated Mess shall be cumulative, and the exercise of any such right or remedy shall not limit A Celebrated Mess’s right to exercise any other right or remedy.
20. Governing Law
All matters related to the Site and these Terms shall be governed and constructed in accordance with the laws of the State of Alabama without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site to the products you purchase through the Site (including a subscription), or to your relationship to A Celebrated Mess ("Claims") shall be exclusively submitted to confidential and binding arbitration in Alabama including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Alabama. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and A Celebrated Mess agree in writing, and the arbitrator shall apply Alabama law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND A CELEBRATED MESS HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
22. Changes of the Site
We may update the content on the Site from time to time. In addition, A Celebrated Mess reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are encouraged to review these Terms each time you use the Site and prior to purchasing any product or service that are available through this Site. Your continued use of the Site after the posting of changes will constitute your acceptance of and agreement with such changes.
23. Your Feedback
This Site are operated by A Celebrated Mess Inc. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to firstname.lastname@example.org.
OTHER CONDITIONS & POLICIES
Orders, not including subscriptions are processed within 5 business days. Custom orders, made via email or phone call and not through website, may take up to 2 weeks. If it is a custom soap order, these take up to 6 weeks for soap curing time. Soaps must cure from 4 to 6 weeks to be considered safe for usage. If you are ordering a custom soap, please keep this process time in mind. Some of our soaps are made from a pre-made base. If this is acceptable to you, we can make a custom soap order within the 5 business days as listed above. NO REFUNDS OR EXCHANGES ARE ACCEPTED FOR CUSTOM ORDERS.
RETURNS & EXCHANGES
Because bath and body products are a personal care product and because we take great pride in maintaining quality integrity, we do not accept returns of opened products. Any product received with a seal and that has been unopened, may be exchanged for another product. If the exchange is for a product of greater value, the customer is required to pay the difference and will come through an invoice which must be paid before the new product is shipped to you. If the exchange is for a product of lesser value, we will refund the difference minus shipping costs. If you are not satisfied with your purchase or if damage has occurred in shipping, please contact us so we can discuss an appropriate solution. Understand that proof of any damage product will be required. We do not refund the purchase cost based on personal taste of scent, color, or texture. You have 24 hours from the time you make the purchase to cancel. If we do not receive a phone call or email within 24 hours of purchase time, your order will be processed and no refund will be issued.
By making this purchase, you acknowledge that you are fully aware of all ingredients in each product you purchased and that you, or the person for whom you are purchasing, do not have any allergies to any ingredients contained therein. You also agree to not hold liable the Company for any allergic reaction you, or the person for whom you are purchasing, may have to any ingredient contained in any Spa Treat Product you purchase, nor for any medical issue that may arise as a result of using said product(s). The safety of all Spa Treats Products have not been determined. The statements made about each product have not been evaluated by the FDA. No Spa Treat Product is designed to diagnose, treat, cure, or prevent any disease or illness. You acknowledge that all Spa Treat Products you purchased from the Company are used by you, or by the person for whom you are purchasing, at your/their own discretion and risk. You agree to use all products according to directions and as intended. If you have questions regarding any ingredients used in any Spa Treat Product, please call or email first before purchasing.
In most cases, we ship using USPS and use the most economical choice available. For certain orders, such as larger or heavier Home Decor pieces, we will use UPS. Most orders will ship Priority Express mail. If there is a circumstance in which a refund is granted, the cost refunded will be minus shipping. The customer is responsible for all return shipping. We ship only to the contiguous United States.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address, a phone number, an email address, credit card information, payment information, and billing address. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to access certain information, services, or features that may be contained on the Site, we may require you to provide Personal Information. For example, we will collect certain Personal Information if you choose to subscribe to a mailing list, register for an account, participate in special offers, sweepstakes or other promotions, sign up for our chat rooms, message boards or blogs, or send questions or comments to us via e-mail. If you would like to purchase any products or merchandise offered for sale on the Site using a credit card, we also will collect your credit card information and a shipping address.
For some features of the Site, you may be able to submit information about other people. For example, if you wish to purchase a product for another person on the Site and want it shipped directly to that person, you may submit the recipient’s name, address, and certain other contact information. We will use and store any such information that we collect from you about another person only to the extent necessary to carry out your request, and we will not use such information for any other purpose.
HOW WE MAY USE YOUR PERSONAL INFORMATION
If you provide us with Personal Information, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any transactions or services that you request. We may also use Personal Information to ensure compliance with our policies and applicable law. In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special offers, or information on our products or services, if you have chosen to receive such communications. If you later wish to opt-out of receiving such promotional e-mails from us at any time, simply follow the instructions for doing so in the e-mails that you receive from us. We reserve the right to send you certain communications relating to the Site, such as service announcements, e-mails related to purchases you have made, or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.
WITH WHOM WE MAY SHARE YOUR INFORMATION
We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail, and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. The Company will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on The Company's behalf. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
We reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.
From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. We also may group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.
Our online store is operated by Weebly. They provide us with the online e-commerce platform to sell our products and services to you. Your personal data, with the exception of credit card information, is stored through the The Company's data storage, databases and the general Weebly application. All data is stored on a secure server behind a firewall. All credit card data is stored on the third party payment gateways’ servers.
SQUARE & PAYPAL (for website checkout); STRIPE (for subscription service checkout)
If you choose either Square or PayPal payment gateways to complete your purchase, then Square and PayPal stores your credit card data. Stripe is the payment processor for our subscription service only and also stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. The security of your Personal Information is important to us. We maintain physical, electronic, and procedural safeguards to secure your personal information. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow and implement generally accepted industry standards. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. By supplying us with information, you acknowledge these risks and signify that you have voluntarily chosen to provide the information despite the inherent risks involved. Accordingly, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
This site is created and controlled by A Celebrated Mess in the State of Alabama, U.S.A. The Company makes no representation that the Terms & Conditions and such practices laid herein comply with the laws of any other country or state. Visitors who use the Site and reside outside of Alabama or the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of Alabama or the United States, by using our Site, you consent to the transfer and use of your information outside your country.