Terms & Conditions

Welcome to the Mirada de Provence web site.  Please read these terms and conditions ("Terms & Conditions") carefully before accessing this site (the "Site"). These Terms & Conditions and our Privacy Policy set for the legally binding Terms & Conditions for your use of this Site and the related services, features, promotions, customer services, and purchases made via the Site, all of which are deemed a part of the Site and included within these Terms & Conditions.

These Terms & Conditions apply to all users of the Site, including without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms & Conditions posted on the Site at the time of use. IF YOU DO NOT AGREE WITH THE TERMS & CONDITIONS, THEN YOU DO NOT HAVE THE RIGHT TO ACCESS, VIEW OR OTHERWISE USE THE SITE OR PURCHASE ANY PRODUCTS AND, ACCORDINGLY, YOU MAY NOT DO SO.

This Site is intended for and applicable only for residents of the United States, age 18 or older. If you are from another jurisdiction or under the age of 18, you may not use this Site.

We may, at our sole discretion, change, add or delete portions of these Terms & Conditions at any time. It is your responsibility to check these Terms & Conditions for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms & Conditions constitutes your acceptance of any changes. We may notify you of any changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email; however, we are not required to notify you of any change for it to be binding on you. Your continued use of the Site constitutes your agreement to the then-current Terms & Conditions.

PRIVACY

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking here and by using this Site you agree to the terms of the Privacy Policy.

PRODUCTS AND SERVICES

The information and products on the Site have not been evaluated or approved of by the FDA and are not intended to be used for diagnosing, prescribing, treating, curing or preventing any disease or illness or individual health problem or to replace expert care by a qualified medical practitioner. Consult your own physician regarding the treatment of any medical condition. No medical claims are made about the products or the use of the products sold on the Site, nor are the products intended to be a substitute for medical treatments.

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms & Conditions. 

These products may have limited quantities and are subject to return or exchange only according to our Return Policy. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.  If a product or service offered by Mirada de Provence is not as described, your sole remedy is to return it in unused condition.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third party link on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy and we have no control over how your information is collected, used or otherwise handled. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ORDERS ACCEPTANCE AND BILLING

Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any inaccurate information constitutes a breach of these Terms & Conditions and may result in cancellation of your order. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud prevention department. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

USER CONTENT, TRADEMARKS, COPYRIGHTS AND OTHER RIGHTS

We welcome feedback on your experience with our products. With respect to the content or other materials you upload through the Site or share with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. We will publish on our Site both positive and negative comments, as long as the comments, reviews or testimonials (collectively, "User Content") are accurate, constructive and not misleading. If you submit User Content that we do not use on our Site, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all User Content for length, spelling, grammar or for any other reason in our sole discretion so long as the meaning of the User Content is not materially altered. By submitting User Content to Mirada de Provence, you hereby grant to us and our affiliated companies the unrestricted right to use your comments in perpetuity, through any and all media formats and media channels now known or hereinafter developed without compensation, and to identify the source of the comment by indicating your first name, last initial, city and/or state.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site provided by your to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Mirada de Provence and/or other parties. No license to our right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights is granted to or conferred upon you.

 INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mirada de Provence, our parents, affiliates, and partners from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Site or any content (including User Content) or any breach by you of these Terms & Conditions.

LIABILITY AND INDEMNITY DISCLAIMER

In no event shall Mirada de Provence or the companies it represents be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, event if Mirada de Provence, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The site and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Site are provided by Mirada de Provence on an "as is" and "as available" basis, unless otherwise specified in writing.  Mirada de Provence makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site and the information, content, materials, products (including software) made available thereon is at your sole risk.

To the full extent permissible by applicable law, Mirada de Provence disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mirada de Provence does not warrant that the Site, information, content, materials, products (including Software) or other services included on or otherwise made available to you through the Site, Mirada de Provence's servers or electronic communications sent from Mirada de Provence are free of viruses or other harmful components. Mirada de Provence will not be liable for any damages of any kind arising from the use of the Site, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Site, including but not limited to direct, indirect, incidental, special, punitive and consequential damages and losses or expenses arising in connection with this Site or use thereof even if Mirada de Provence, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

DISPUTES

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Mirada de Provence or through www.miradadeprovence.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.

You expressly agree that exclusive jurisdiction for any dispute with Mirada de Provence, or in any way relating to your use of the Site or purchase of the products or services will be decided by binding arbitration. Specifically, all disputes of any kind or nature arising out of these Terms & Conditions or your use of the Site or products or services offered thereon shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration in the Los Angeles, California area, under the JAMS rules then in effect before one arbitrator to be mutually agreed upon by both parties. Mirada de Provence shall not be responsible for any costs of arbitration incurred by you. 

We each agree that any dispute resolution proceedings will be conducted only on an individual bases and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW & SEVERABILITY

By using this Site you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Mirada de Provence. If any of these Terms & Conditions, or other terms applicable to the Site (including the Privacy Policy) shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.