Last Updated: June 27, 2016
THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF THE PRODUCTS WE OFFER ON THE SITE (“PRODUCTS”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO PURCHASE PRODUCTS FROM MIRACLE ESSENTIAL OILS
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
You accept the Terms and Conditions contained in this Agreement in full if you use or make a purchase on this Website. If you are not willing to accept the terms and conditions in this Agreement and other posted policies, we ask that you do not use the Site, purchase any Products, or provide any information to this Website.
This Agreement governs and applies to your access to and use of this Site and its related domains on which this document appears, any order you place through this Site, and, as applicable, your use of other products or services of Miracle Essential Oils. Your use of this Site, purchase or use any of Miracle Essential Oils’s products constitutes your agreement to these Terms.
You and Miracle Essential Oils agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Miracle Essential Oils’s products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, Miracle Essential Oils will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Miracle Essential Oils in writing and provided a copy of the arbitration proceedings. However, if Miracle Essential Oils is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Miracle Essential Oils. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in a city within a 150 mile radius of the claimant’s residence, but may proceed telephonically if the claimant so chooses.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Miracle Essential Oils and may not preside over any kind of representative or class proceeding against Miracle Essential Oils. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MIRACLE ESSENTIAL OILS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
Use of the Sites, Products, or Services is subject to this Agreement, as it may be revised from time to time.
“Products” means any herbal, dietary or any other form of supplement, or, other product purchased from the Company.
“Services” means the information and other services provided on the Sites.
Ownership. This Site is owned by Miracle Essential Oils. All right, title, and interest to the content displayed on the Site are the property of Miracle Essential Oils or its partners, agents, or third parties.
Limitations on use:
You agree to use the Site, Products, and Services only for lawful purposes and for their intended purposes.
The content available on the Site, Products, and Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Site, Products, and Services. You may not use any network monitoring or discovery software to determine the Site’s, Products’, or Services’ architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site, Products, or Services without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Site or Services, except to the extent permitted above.
You may not use or otherwise export or re-export the Site or Services or any portion thereof, or any software available on or through the Sites or Services in violation of the export control laws and regulations of the United States of America.
You may not employ, post, or share any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable or in violation of applicable laws and regulations.
You may not upload, distribute or print anything that may be harmful to minors or otherwise violates applicable criminal law.
You may not take any action or post, upload or distribute any content that violates, misappropriates, or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
You may not use the Site, Products, or Services to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.
You may not use the Site, Products, or Services in any jurisdiction that does not give effect to all provisions of this Agreement.
You may not use the Site, Products, or Services in any manner that could damage, disable, overburden or impair the Site, Products, or Services or any server or other hardware associated with the Site, Products, or Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Services; interfere with any other party’s use and enjoyment of the Site, Products, or Services; frame or utilize framing techniques to display content from a source other than the Site, Products, or Services; use any Company-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure to the benefit of Miracle Essential Oils.
Third Party Links. The Site contains links to other web sites, resources and advertisers (the “Third Party Services”). Miracle Essential Oils is not responsible for the availability of the Third Party Services, nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through the Third Party Services. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on the Third Party Services. You should direct any concerns to such external site's administrator or webmaster.
By using the Site, you represent to Miracle Essential Oils that: (1) you are authorized to enter into this Agreement; (2) you will not use the Site for any purpose or in any manner that violates any law or regulation that infringes the rights of Miracle Essential Oils or any third party; (3) any information or data provided to Miracle Essential Oils by you will not violate any law or regulation or infringe the rights of Miracle Essential Oils or any third party; (4) all information that you provide to Miracle Essential Oils in connection with the Site (e.g., name, e-mail address, and other information) is true and accurate; (5) you are authorized and able to fulfill and perform the obligations under this Agreement; and (6) you are 18 years of age or above.
You understand that you should not use the information on the Website to diagnose or treat any health problems or illnesses without consulting your doctor or physician. You further understand that this Product is not intended for use by persons under eighteen (18) years of age and the Product is not intended or to be used to treat any type of medical condition. Miracle Essential Oils endeavors to provide you with accurate information about its Products. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
Miracle Essential Oils does not warrant or represent that the Products will provide you with any particular benefits, or that your results will match those of others who consume the Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.
Miracle Essential Oils neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Sites, nor for any offensive, defamatory or obscene posting made by any visitor to the Sites. Under no circumstances shall Company be liable for any loss or damage caused by information obtained through the content on the Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to health content.
You agree to defend, indemnify and hold harmless Company and its respective directors, officers, employees, affiliates, partners, and agents from and against all liabilities, losses, actions, damages, claims, demands, and expenses (collectively “Claims”), including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Site or otherwise transmit or obtain through the Service; (b) your use of the Site; (c) your connection to the Service; (d) your violation of this Agreement; (e) your violation of any rights of another; or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claims at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent. This provision does not apply in New Jersey.
Our standard ground shipping takes approximately 2 to 3 business days within the continental United States or Canada. If you have not received your order within 14 days from your purchase date, please contact our customer care at email@example.com to request a reshipment of your order.
You may not resell any Product you purchase on the Miracle Essential Oils Website.
Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so that your order is immediately sent to processing and then shipping. Please review your order carefully before placing the order.
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. You may return any unused and unopened item purchased from us for any reason within sixty (60) days of your purchase date to receive a full refund. We will provide a partial refund for products that have been opened or partially used. To request a refund you must obtain an RMA (Return Authorization) by contacting us at firstname.lastname@example.org. Products without an RMA will not be refunded. For returns via mail, you are responsible for the cost of return shipping, and we must physically receive the undamaged item within the 60 day period. Shipping and Handling fees are non-refundable.
Company reserves the right, at its sole discretion, to reject any return that does not comply with these requirements. Once your return has been received, a credit to your card will be issued within 30 days.
Returns should be addressed to:
Miracle Essential Oils
11551 E. 45th Avenue, Unit C,
Denver, CO 80239
For all other inquiries:
1621 Central Avenue
Cheyenne, Wyoming 82001
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Site, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Specific identification of the copyrighted work that you claim has been infringed;
Specific identification of the material that is claimed to be infringing and where it is located on the Site;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
DMCA Agent. The above information must be submitted to the following DMCA Agent:
Name: DMCA Agent
License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive right to use the content and materials on the Site in the normal course of your use of the Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Site will retain ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense from materials or content available on the Site, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the Products and Services. In your use of the Site and the Services and Products, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services and Products, the Site or any websites linked to the Site; (iii) interfere with or damage the Site, Products, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Site or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site, Products, or the Services; (viii) use any meta tags or any other “hidden text” utilizing the Miracle Essential Oils name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site, Products, or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement. Your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material on the Site without the express prior written consent of Miracle Essential Oils or its owner if Miracle Essential Oils is not the owner. Miracle Essential Oils and all other names, logos, and icons identifying Miracle Essential Oils and its products and services are proprietary trademarks of Miracle Essential Oils (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Miracle Essential Oils is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Site on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Site. Any other use of the material on the Site is strictly prohibited.
Company Rights. Company shall retain ownership in and to the Services, Products, and Sites and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with Company’s ownership of the Services, Products, and Sites. You further acknowledge and agree that nothing in this Agreement and no use of the Services, Products, or Sites shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services, Products, or Sites other than the express right to use the Services, Products, or Sites solely in accordance with the terms and conditions of this Agreement.
License. By posting, storing, or transmitting any content on or to the Site, you hereby grant Miracle Essential Oils a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Site. You are solely responsible for your interactions with other users of the Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action to restrict access to or the availability of any material that we or another user of the Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
Miracle Essential Oils may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Third-Party Rights. The provisions of these Terms of Service are for the benefit of Company and any of its third party providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
Governing Law. This Agreement is governed by the laws of the State of California, U.S.A., without regard to the conflicts of laws principles thereof.
Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between Company and you regarding such subject matter.
Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
Survival. In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company’s rights under this Agreement shall survive any termination of this Agreement.
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS PROVISION DOES NOT APPLY IN NEW JERSEY.
No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company may assign its respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Statements made on the Miracle Essential Oils Site have not been evaluated by the U.S. Food and Drug Administration (the “FDA”). The Products available on the Site are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a physician before using any of our products.
Yes. Dietary supplements may not be risk-free under certain circumstances. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements.