Please read them carefully. By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. We may change these Terms of Use at any time, without notice to you. Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes. Capitalized words used in these Terms of Use, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear inside quotation marks.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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.

1. Orders for Products and Services; Personal Use. The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. Happy Elephant Spa Care reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by Happy Elephant Spa Care in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are 18 years old or older. Unless otherwise indicated, all prices on the Website are in U.S. Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Happy Elephant Spa Care. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on this Website may be subject to additional Terms of Use presented to you at the time of such purchase.

2. Website Content. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.  In addition, the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. You should always check the ingredients for products to avoid potential allergic reactions as Happy Elephant Spa Care may change ingredients from time to time. Happy Elephant Spa Care does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

3. Colors. We try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.

4. Product Information and Pricing. We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website.. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.

5. Trademarks. The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Happy Elephant Spa Care and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

6. Prohibited Customer Activity. Unless expressly permitted in these Terms of Use or with Happy Elephant Spa Care written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. Fresh will enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Happy Elephant Spa Care ’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

7. User Information. If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a sweepstakes, contests or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. You are responsible for keeping your User Information up to date and accurate.

8.  User Comments, Feedback, and Other Submissions. We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its Content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to Happy Elephant Spa Care, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and Happy Elephant Spa Care has no obligation of confidentiality, express or implied, with respect thereto; (b) Happy Elephant Spa Care may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from Happy Elephant Spa Care or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by Happy Elephant Spa Care in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

When writing a review for the Ratings & Review, please consider the following guidelines:

• Focus on the product and your individual experience using it;

• Provide details about why you like or dislike a product; 

• All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

9. Links to and from the Website. If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website. You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Happy Elephant Spa Care. Links to Linked Sites do not constitute an endorsement or sponsorship by Happy Elephant Spa Care of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Happy Elephant Spa Care is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.

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You represent and warrant that:

(a) you are at least 13 years old; (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Happy Elephant Spa Care employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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  

10. Viruses, Hacking And Other Offenses. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

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11. Termination. We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.

12. Miscellaneous; Severability. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

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