Terms & Conditions of Access and Use


Welcome to www.cleure.com.  The terms, conditions, and notices contained herein (the “Terms), unless otherwise noted, include all references to the websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications (collectively, the “Site”) owned, operated or licensed by or on behalf of Grace Products Inc ("Cleure").  The Site is offered to you conditioned on your acceptance without modification of the Terms. Your use of the Site constitutes your agreement to all such Terms and other applicable law. All rights not expressly granted herein are expressly reserved by Cleure.  Please read these Terms carefully, and keep a copy of them for your reference.   If you do not agree to these terms and conditions, please do not use the Site.

You are solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, and other physical requirements for your use of the Site, including, without limitation, telecommunications, Internet access connections, or other equipment, programs and services required to access and use the Site.


Privacy

Your use of the Site is subject to Cleure's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

  

Electronic Communications

Visiting this Site or sending emails to Cleure constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to exit completely from your account at the end of each online session and immediately notify Cleure of any unauthorized use of your account of which you become aware. Cleure will not be liable for any loss that you or anyone affiliated with you may incur as a result of someone else using your account, either with or without your knowledge.  You could, however, be held liable for losses incurred by Cleure or another party due to someone else using your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cleure is not responsible for third party access to your account that results from theft or misappropriation of your account.

 

Cleure and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

The Children’s Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under 13 years of age.  Cleure does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 18, you must ask your parent or guardian for permission to use this website.

 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Cleure and Cleure is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cleure is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cleure of the site or any association with its operators.  YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK.  Nonetheless, Cleure seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own Site, but for Linked Sites as well (including if a specific link does not work).

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Cleure may share such information and data with any third party with whom Cleure has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

  

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use of the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Cleure that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  

 

All trademarks, service marks and trade names of Cleure (collectively, the “Marks) used in the Site are trademarks or registered or licensed trademarks of Cleure.  You use of the Site does not grant any license or right to use the Marks without the express written consent of Cleure.


The entire content included in the Site, including but not limited to text, graphics, video, photos, audio or code is copyrighted as a collective work (collectively, the “Copyrighted Content”) under copyright and other laws that protect intellectual property and proprietary rights, and is the solely owned or licensed property of Cleure or its suppliers. The Copyrighted Content includes works that are licensed to Grace Products Inc. Copyright 2003, Grace Products Inc ALL RIGHTS RESERVED. Permission is granted to display, and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cleure or to purchase Cleure products or services.

 

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cleure content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Copyrighted Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Copyrighted Content solely for your personal use, and will make no other use of the Copyrighted Content without the express written permission of Cleure or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cleure or our licensors except as expressly authorized by these Terms.

 

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, please notify Cleure pursuant to the Digital Millennium Copyright Act (“DMCA”) via any the methods outlined in the “Contact Us” section below.  

  

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Cleure has no obligation to monitor the Communication Services and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cleure is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Cleure reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cleure reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Cleure reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cleure's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cleure does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cleure specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cleure spokespersons, and their views do not necessarily reflect those of Cleure.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to or Posted on Any Cleure Site

It is at your discretion whether you choose to submit any content to Cleure.  Cleure does not claim ownership of the materials you provide, post, upload, input or submit to any Cleure Site or our associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting, solicited or unsolicited, you are granting Cleure, our affiliated companies and necessary sublicensees an unrestricted, royalty-free, worldwide, perpetual, irrevocable, fully transferrable, assignable, non-exclusive license to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.   You agree that any Submission, except as expressly otherwise provided, in accordance with law, or in written agreement with Cleure, including but not limited to questions, comments, ideas, plans,  drawings, photos, or other information, provided by you to Cleure, or postings on the Site, are non-confidential (subject to the Privacy Policy) and will be considered a contribution to Cleure for its unrestricted use in its sole discretion for any purpose, commercial or otherwise, without any compensation to you.   Cleure, and its affiliates, have the right to publish your user name, real name, image, likeness, or other identifying information if provided in connection with your Submission.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide the Submission.

  

Correction of Errors and Inaccuracies

The information, software, products, and services included in or available through the Site may include inaccuracies, typographical errors, or incomplete or noncurrent information (collectively, the “Inaccuracies).  Therefore, Cleure and/or its suppliers may make improvements and/or changes at any time without prior notice to correct the Inaccuracies.  Such errors may relate to product descriptions, pricing, or availability.  We apologize for any inconvenience these Inaccuracies may cause you. 

 

In the event that a Cleure product or service is mistakenly listed at an incorrect price, Cleure reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cleure reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cleure shall issue a credit to your credit card account in the amount of the incorrect price.

 

If a product received is not as described, your sole remedy is to return it.  Please refer to our Return Policy for conditions.

 

Disclaimer - Ingredients, Natural, FAQs, Content

THE CONTENT CONTAINED IN INGREDIENT, NATURAL, PROCESSES, AND FAQS PAGES OF THE SITE FOR SOME OF OUR PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND NATURAL THERAPIES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.

SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

 

Accessibility

You acknowledge and agree that at times the Site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: equipment malfunctions, periodic maintenance procedures or repairs which may be undertaken from time to time, or causes not reasonably foreseeable or beyond the control of Cleure.

 

International Users

The Site is controlled, operated, and administered by Cleure from our offices within the United States of America (USA). Cleure does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than the USA. Those who choose to access the Site do so on their own initiative and at their own risk.   If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Cleure Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Indemnification

You agree to indemnify, defend and hold harmless Cleure, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of, or inability to use, the materials on the Site, the performance of the products or services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cleure reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cleure in asserting any available defenses.   Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above indemnification or exclusion may not apply to you.


Liability Disclaimer

GRACE PRODUCTS INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GRACE PRODUCTS INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRACE PRODUCTS INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GRACE PRODUCTS INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Cleure reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, USA and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California in any legal proceeding directly or indirectly arising out of or relating to the use of the Site. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Cleure products) must be commenced within one (1) year after the claim or cause of action arises. Cleure’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Cleure may assign its rights and duties under this Agreement to any party at any time without notice to you.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cleure as a result of this agreement or use of the Site. Cleure's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cleure's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cleure with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cleure with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cleure with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Cleure reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Cleure encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Cleure welcomes your questions or comments regarding the Terms:

 

Grace Products Inc

5757 Olivas Park Dr, Suite G

Ventura, California 93003

 

Email Address: customersupport@cleure.com

 

Telephone number: 1-805-981-7600

 

Effective as of April 18, 2020

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