Welcome to Carelumina, LLC (hereinafter “Carelumina,” “We” or “Us”). This Agreement sets forth the legal terms and conditions for your use of www.Carelumina.com and any other website or mobile application owned and operated by Carelumina, LLC (the “Websites”), and for your purchase and/or use of any Carelumina products or services in the United States.
1. Agreement. BY USING ANY WEBSITES OR PURCHASING OR USING ANY PRODUCTS OR SERVICES FROM CARELUMINA, YOU AGREE TO THE TERMS AND CONDITION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC DISCLOSURE AGREEMENT IN SECTION 10 BELOW AND THE ARBITRATION AGREEMENT IN SECTION 20 BELOW.
SOME OF OUR PRODUCTS AND SERVICES HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES (“ADDITIONAL TERMS”). WHERE ADDITIONAL TERMS APPLY TO A PRODUCT OR SERVICE, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH YOUR USE OF THAT PRODUCT OR SERVICE. BY USING THAT PRODUCT OR SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES PROVIDED ON THE WEBSITES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S). THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT.
BY CONTINUING TO USE ANY WEBSITES OR PURCHASE OR USE ANY PRODUCTS OR SERVICES FROM CARELUMINA AFTER THE REVISION DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
2. Eligibility. You agree to provide Us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials in the Websites are presented solely for the purpose of promoting products available in the United States and its territories. Carelumina makes no representation that materials contained in the Websites are appropriate or available for use in other locations. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Carelumina products ordered from the Websites cannot be shipped into another country outside of the United States. Purchase and/or use of any Carelumina products or services outside of theUnited States are governed by the Terms and Conditions of use and other policies contained on the websites specific to each country where they are available.
3. Acceptable Use of the Websites. You are responsible for your use of the Websites, and for any use of the Websites made using your account. At Carelumina, our goal is to create a positive, rewarding, and safe experience in connection with our Websites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Carelumina. When you use the Websites, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 15 below);
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Websites (although Carelumina may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Carelumina reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites;
- attempt to circumvent any technological measure implemented by Carelumina or any of Carelumina’s providers or any other third party (including another user) to protect the Websites;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
4. Carelumina Independent Representatives. Carelumina products and services are sold through Carelumina’s network of Independent Representatives, who are each brand ambassadors of Carelumina’s products and services. Online shopping is fulfilled and sold directly by Carelumina in connection with a Carelumina Internet Independent Representative. To purchase Carelumina’s products or services, you do not have to become an Independent Representative. If, however, you are interested in becoming a Carelumina Independent Representative in the United States, please click the underlined text to register with Carelumina and fill out your Carelumina Independent Representative Application & Agreement You must be at least 18 years of age to become a Carelumina Independent Representative.
5. Independent Representative Websites. Carelumina Independent Representatives may have their own Internet websites, generally as part of the Carelumina Replicated Website Program. It is the sole responsibility of eachCarelumina Internet Independent Representative to ensure that its website content is accurate and that it fully complies with all Carelumina Additional Terms, including without limitation, all applicable federal and state rules and regulations. CARELUMINA DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO INTERNET INDEPENDENT REPRESENTATIVE WEBSITES.
6. Testimonials. The testimonials reflect the actual experience of each individual, are anecdotal only, and may be atypical.
7. Online Purchases. When you register your account online with Carelumina, you will receive a Carelumina identification number (“Carelumina ID”). Carelumina Independent Representatives, as well as Preferred Clients and Clients who wish to access account information online must also establish a password. Please keep your Carelumina ID and password secret. You are entirely responsible for any activity under your Carelumina ID. You must promptly notify Carelumina of any actual or attempted unauthorized use of your Carelumina ID.
8.Client Product Guarantee Policy. A forty-five (45) day money-back guarantee is offered on all Carelumina Products. Clients who are not completely satisfied may return products to their Carelumina Independent Representative for a replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). Online client purchases may be returned directly to Carelumina for replacement or full refund within forty-five (45) days from the client purchase date (not including shipping charges). A signed and fully completed Product Return Form must accompany a product return. Please allow four (4) to six (6) weeks for processing. Promotional products and gift items may not be available for replacement, and may, at Carelumina’s discretion be exchanged for an item of equal value.
9. Ownership & Copyright Restrictions. The Websites are owned and operated by Carelumina. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole (“Content”), are copyrighted under U.S. copyright and other laws by Carelumina or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites or elsewhere.
Except as noted in Section 11 below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites or any Content or components that are available on the Websites; and (3) you may not make commercial use of these pagesand/or any other webpage or service provided by Carelumina, including redistribution or copying by means; EXCEPT with the prior, express written permission of Carelumina.
You agree not to interfere or take action that results in interference with or disruption of the Websites or servers or networks connected to the Websites. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites.
You hereby consent and agree to receive all Disclosures from Carelumina electronically by email or by viewing the Disclosures on the Internet. You may withdraw your consent to electronic Disclosures in the future at any time without charge. To withdraw your consent, please complete the online form at Carelumina.com > Contact Us and indicate that you wish to receive all future communications in writing. We will send you a confirming notice once we have processed your change request.
To access Disclosures electronically and print copies of these Disclosures for your records, you must have Internet access, as well as access to a printer. You confirm that you have access to a computer that is capable of accessing the Internet operating an Internet browser that enables you to access the Website. You also confirm that you have access to a printer or the ability to make hard copies of your information and records. Please print a copy of all Disclosures for your records.
You agree to promptly notify us of any changes in your email address or your home address by updating your profile online or by completing the online form on the Customer Service page of Carelumina.com. If you have questions about receiving Disclosures, or need technical or other assistance concerning these Disclosures, you may contact us by using the online form.
If you would like a paper copy of the documents sent to you by mail or fax, please send your request in writing to Carelumina, 6440 Southpoint Parkway Suite 300, Jacksonville, FL 32216 ATT: Policy Compliance.
11. Copyright Permission. Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. In addition, Carelumina Independent Representatives are hereby grantedpermission to download product and botanical images from the Website. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from Carelumina literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Websites, the information, including any Content, data or files incorporated in or generated by the Websites are owned by Carelumina and Carelumina retains complete title to the information and all property rights therein. All other rights reserved.
12. Trademarks. All Content, product names, trademarks, service marks and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by Carelumina. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
13. Idea Submissions. If you submit any ideas, suggestions or testimonials to Carelumina, We have the right to use your submission without charge in any manner that We deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Carelumina to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
15. Anti-Spam Policy. Carelumina strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Carelumina also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Carelumina, and/or its products and services. Carelumina prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING CARELUMINA’S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
16. DISCLAIMER. CARELUMINA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO CARELUMINA’S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE MYCARELUMINA.COM PROGRAM OR THE CARELUMINA OPPORTUNITY (COLLECTIVELY HEREAFTER, “SERVICE”).
THIS SERVICE IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT REPRESENTATIVE WEBSITES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT REPRESENTATIVE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU GET FROM US OR ANYWHERE ELSE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. THE FINAL SUCCESS OR FAILURE OF ANY CARELUMINA INDEPENDENT REPRESENTATIVE DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. TO REVIEW THE MOST RECENT INDEPENDENT REPRESENTATIVE COMPENSATION SUMMARY FOR THE UNITED STATES, CLICK ON THE UNDERLINED INDEPENDENT REPRESENTATIVE COMPENSATION SUMMARY.
17. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT CARELUMINA, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF CARELUMINA PRODUCTS, SERVICES OR INFORMATION, YOUR PARTICIPATION AS A CARELUMINA INDEPENDENT REPRESENTATIVE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, WHICH ALLOCATE RISK BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
18. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CARELUMINA, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING CARELUMINA PRODUCTS, THE CARELUMINA OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
19. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.
20. Arbitration Agreement. Dispute resolution for Carelumina Independent Representatives is governed by the Carelumina Independent Representative Policies and Procedures. If you are not a Carelumina Independent Representative, then you and Carelumina agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. Any arbitration instituted pursuant to this section shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. You and Carelumina hereby waive any right to a jury trial of all controversies, claims, counterclaims, or other disputes arising between you and Carelumina relating to the Service or this Agreement (each a “Claim”). All Claims shall be submitted for binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (“JAMS Rules”), or its equivalent rules and procedures in place at the time of arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Carelumina will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Carelumina also have the right to bring qualifying claims in small claims court. In addition, you and Carelumina retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Carelumina may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Carelumina’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section 20 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 20 shall continue in full force and effect. No waiver of any provision of this Section 20 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of this Agreement. This Section 20 will survive the termination of your relationship with Carelumina.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CARELUMINA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
21. Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
22. Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
23. Conflicts. If at any time you have agreed or agree to the Carelumina Independent Representative Application & Agreement, to the extent of any conflict between the terms of the Carelumina Independent Representative Application & Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Carelumina Independent Representative Application & Agreement shall apply and control.
24. Notices. You may contact Us by writing or calling Us at the address and/or telephone number listed below:
6440 Southpoint Parkway STE 300
Jacksonville, FL 32216
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE WEBSITES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.