TERMS & CONDITIONS
Welcome to the ESSENTIALLYDANA.com website (the “Site”). This Site is maintained and operated by DIVINE MARKETING GROUP, INC. (“ESSENTIALLYDANA”).
- USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. We require all Members 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 right 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's or ESSENTIALLYDANA's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
- 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 and membership reward programs ("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.
As a registered user of ESSENTIALLYDANA, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you a newsletter. You may opt-out from receiving special promotions or our newsletter by emailing HELLO@ESSENTIALLYDANA.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
- BILLING & PAYMENTS
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant ESSENTIALLYDANA the right to store and process your information with the third party payment service, which it may change from time to time; you agree that ESSENTIALLYDANA will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
- A) Billing Policies
Certain aspects of the Service, for example subscription plans, may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms quoted on our Site and as we may update them from time to time. ESSENTIALLYDANA may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Payment for all products purchased through our Site must be by credit (Visa, MasterCard, American Express or Discover Card) or debit card.
- B) RefundsYou understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged and/or expired.
- C) Risk of Loss and Title.
All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, ESSENTIALLYDANA. The risk of loss for such products passes to you when ESSENTIALLYDANA, our brand partner or our supplier delivers these items to the carrier. Title to products purchased on the Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
- D) Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- E) Payments.
Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. ESSENTIALLYDANA reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending ESSENTIALLYDANA’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Beauty Trend in writing within thirty (30) days of such payment. Failure to so notify ESSENTIALLYDANA shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by ESSENTIALLYDANA. No other measurements or statistics of any kind shall be accepted by ESSENTIALLYDANA or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
- A) Billing Policies
- PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of ESSENTIALLYDANA or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.
- PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content which 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 and/or acknowledged). We do not guarantee that all products described on our Site will be available.
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, ESSENTIALLYDANA 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 MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESSENTIALLYDANA makes no warranties of any kind regarding any non-ESSENTIALLYDANA sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ESSENTIALLYDANA makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-ESSENTIALLYDANA sites. ESSENTIALLYDANA does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
- SUBMITTED CONTENT
ESSENTIALLYDANA does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant ESSENTIALLYDANA 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 ESSENTIALLYDANA 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. ESSENTIALLYDANA will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
- PROFESSIONAL ADVICE
Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
- LOCAL TAX
You may be charged local sales tax, if applicable.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL ESSENTIALLYDANA, ITS AFFLIATES 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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, 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, TORT, OR OTHERWISE, EVEN IF ESSENTIALLYDANA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ESSENTIALLYDANA, 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 ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ESSENTIALLYDANA IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
- INTERNATIONAL USE
We control and operate the Site from 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.
- RISK OF LOSS OR THEFT
Any merchandise purchased from the 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.
- RISK OF LOSS OR THEFT
COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
ESSENTIALLYDANA 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. ESSENTIALLYDANA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). To be effective, the notification 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 notification, 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 notification 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.
The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: hello@ESSENTIALLYDANA.com
- ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us at: hello@ESSENTIALLYDANA.com.