1. GENERAL — Welcome to the website of Desert Calm, LLC (including any of its subsidiaries or corporate affiliates, collectively, “we” or “us”). Any person accessing or using the website and any associated webpages (collectively, the “Website”) is referred to as “you.”
This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
3. ORDERS; TERMS OF SALE — By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
When you send us your order, we may verify certain items before the order is fulfilled, including, without limitation, your personal information, your payment information, and your creditworthiness.
We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, Desert Calm shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
Desert Calm accepts the following methods of payment on DesertCalmWellness.com: Visa, MasterCard, Discover, American Express
The billing descriptor will be DesertCalmLLC
4. PRODUCT & PRICING INFORMATION — All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.
All prices displayed on the Website are quoted in U.S. Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs, and all other applicable taxes, fees or charges of any nature, shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
5. SHIPPING, DELIVERY, RETURNS AND EXCHANGES —
Shipments are made with USPS.
Please note that shipping dates, delivery dates, and time frames for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes
100% Satisfaction Guarantee – If you are not satisfied with what you ordered for any reason (note that this applies even if you have opened it), you may get a full refund with our satisfaction guarantee within 60 days of purchase.
The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier.
6. WARRANTY FOR DEFECTIVE PRODUCTS — Please check your product(s) promptly upon delivery. If it appears that any of these products, upon delivery, are damaged or otherwise show material or manufacturing defects, please contact us within 60 days from your date of purchase via telephone, or email to inform us of the details at support@DesertCalmWellness.com, or the email addresses noted below. Please note that this warranty does not apply to willful damage, abnormal storage, or improper or unreasonable use. If the product(s) are defective, we will offer you, at Desert Calm sole discretion, either a refund (including the purchase price, original shipping costs and any other costs you may incur in returning the defective product(s) to Desert Calm), or provide you with replacement product(s) at no cost to you.
7. RECALL — You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
8. INTELLECTUAL PROPERTY RIGHTS; CONTENT — Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content, are owned controlled, and/or licensed by Desert Calm. Please note that certain trademarks, product names, company names, logos, service marks, or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party,
and all related names, logos, product and service names, designs and slogans are registered trademarks of Desert Calm or its licensors. Such marks cannot be used without the prior written permission of Desert Calm.
Except as may be expressly permitted by Desert Calm, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and Desert Calm is under no obligation to keep the Content updated. Desert Calm may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
9. USER GENERATED CONTENT — As used in this Section, (i) “User Generated Content” means Comments (as defined below), messages (including email), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files, or other material or content; (ii) “Comments” means comments, feedback, suggestions, reviews, ideas, proposals and questions; and (iii) “Interactive Areas” means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
By posting, distributing, sending or displaying User Generated Content to the Website, you:
Hereby grant to Desert Calm a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, and worldwide right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
Represent and warrant that:
You own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;
Such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
The usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
Further grant Desert Calm the right to pursue before any appropriate forum any person or entity that violates Desert Calm’ or your rights under any applicable law in the User Generated Content.
User Generated Content submitted by you is deemed non-confidential and Desert Calm is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Desert Calm reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Desert Calm is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:
You won’t require that any personally identifying information be used in connection with the User Generated Content;
You won’t oppose the publication, use, modification or deletion of the User Generated Content by Desert Calm; and
You waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.
Ownership of the content and form of all Comments posted, published, displayed or uploaded on or to the Website shall automatically be transferred to Desert Calm and shall become the sole and exclusive property of Desert Calm and shall not be returned to you. Desert Calm is and shall be under no obligation:
to pay any compensation for any Comments;
to attribute any Comments to you; or
to respond to any Comments.
You agree that no Comments submitted by you to this Website will violate any third party rights, including, but not limited to, copyright, trademark, privacy, publicity or other personal or proprietary right(s). You further agree that no Comments submitted by you to this Website will be or contain libelous, slanderous, defamatory or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content and form of any Comments you submit or post to the Website.
10. THIRD PARTY CONTENT; LINKS TO THIRD PARTY WEBSITES — Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. Desert Calm does not control, approve, sponsor, or endorse any third-party Content, products or services on, or linked, through the Website, and we make no representations regarding and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and Desert Calm is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.
This Website may contain links to third-party services and resources. You acknowledge that (a) Desert Calm is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) Desert Calm is not responsible for any other form of transmission received from any linked website. Desert Calm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Desert Calm of the website. Any concerns regarding any such link should be directed to the particular third party website.
11. ACCESS TO AND USE OF WEBSITE; ACCEPTABLE USE POLICY — We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up to date.
ACCEPTABLE USE POLICY
By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engaging in the practice of “screen scraping,” or any other similar activity;
Hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;
Modify another website so as to falsely imply that it is associated or affiliated with the Website;
Damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;
Violate any applicable laws, rules or regulations in your jurisdiction;
Use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or
Use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose; to sell or offer to sell any goods or services; to conduct or forward surveys, contests, or chain letters; or for any purpose that is prohibited by these Terms and Conditions.
For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
12. DMCA – COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION — If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Desert Calm that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint; preferably including your name, address, email address and telephone number.
Include the following statement: “I 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 the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Website should be emailed or mailed to:
25 S Quinn Cir Unit 36
Mesa, AZ 85206
support@DesertCalmWellness.com, RE: Copyright Infringement
We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.
13. INDEMNIFICATION — You agree to defend, indemnify and hold harmless Desert Calm, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers, and distributors from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, Desert Calm, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website or purchase of any products or services from the Website. Desert Calm reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Desert Calm in asserting any and all available defenses.
14. DISCLAIMER; WARRANTIES — EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, CONTENT, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, DESERT CALM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESERT CALM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, DESERT CALM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, COMMENTS, INFORMATION, GIVING INFORMATION MADE BY DESERT CALM OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY OUR MARKETPLACE VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
DESERT CALM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A), EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, PRODUCTS, SERVICES OR ANY THIRD PARTY WEBSITE(S), PRODUCTS OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S); (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY DESERT CALM OR ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF DESERT CALM) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER YOU TO THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
15. LIMITATION OF LIABILITY — IN NO EVENT SHALL DESERT CALM OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESERT CALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST DESERT CALM FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF DESERT CALM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE, DESERT CALM’s LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS NOTED IN SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Desert Calm reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card or Store Credit or any Gift Card or Store Credit mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card or Store Credit, or to take any other action in connection with a violation of this Section 17.
Please note that Gift Cards/Store Credits and their redemption are each subject to change in the sole discretion of Desert Calm at all times in accordance with applicable law.
16. PROMOTIONS — Any and all offers or promotions advertised on this Site are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
17. GENERAL LEGAL PROVISIONS — These Terms and Conditions are effective unless, and until, terminated by either you or Desert Calm. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. Desert Calm may terminate these Terms and Conditions at any time immediately, and without notice, and accordingly deny you access to the Website for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.
These Terms and Conditions shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of Arizona.
Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting Desert Calm products and services available in the United States. This Website is controlled and operated by Desert Calm from its offices in Arizona.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of Desert Calm to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of, or related to these Terms and Conditions and/or the Website, must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
Desert Calm’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of Desert Calm’s right to comply with law enforcement requests or requirements.
© 2019 Desert Calm, LLC All Rights Reserved.