Terms of Use and Sale

Last Updated: February 2017

Welcome to the mikel kristi online store and website at mikelkristi.com (the “Website”). The Website is owned and operated by Mikel Kristi LLC (“mikel kristi,” “we,” “us,” or “our”), an Arizona limited liability company.

Through the Website, mikel kristi provides you with access to a variety of resources, including the mikel kristi online store, mikel kristi products, and information about products, services, and other merchandise that may or may not be available for purchase, (collectively, the "Services"). The Services, including the Website and any updates, enhancements, new products, or information, and/or the addition of any new Website properties, are subject to these Terms of Use and Sale (“Terms”). You must be 18 years old or the age of majority in your jurisdiction to use and/or make a purchase on our Website. By using the Website, purchasing products from the mikel kristi online store, or otherwise using any Services, you accept and agree to these Terms and mikel kristi’s Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink within the Website (collectively, the “mikel kristi Policies”). We encourage you to read the mikel kristi Policies carefully. YOU MAY NOT USE THE WEBSITE OR SERVICES IF YOU DO NOT AGREE TO THE TERMS OR THE MIKEL KRISTI POLICIES.

Information Disclaimer

THE INFORMATION ON THE WEBSITE, INCLUDING ANY DESCRIBED BENEFITS OR SUGGESTED USES OF VARIOUS PRODUCTS OR INGREDIENTS, IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL ADVICE, TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL, TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, OR TO TREAT, CURE, OR PREVENT ANY CONDITION OR DISEASE. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR, DERMATOLOGIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THE INFORMATION ON THIS WEBSITE HAS NOT BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL TERMS, CONDITIONS, DISCLAIMERS, AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

Terms Relating to Your Use of the Website

SECTION 1 - PERSONAL AND NON-COMMERCIAL USE LIMITATION

You understand that the Website and Services are for your personal and non-commercial use only. You may not commercially distribute, publish, license, or sell any product, information, or services obtained through use of the Website or Services.

SECTION 2 – NO UNLAWFUL OR PROHBITED USE

You may not use our Website or the Services for any illegal or unauthorized purpose. You agree not to use the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website or any related website. We reserve the right to terminate your use of the Website or Services for violating any of the prohibited uses. We also reserve the right to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process, or governmental request.

SECTION 3 - USER SUBMISSIONS

The Website may contain interactive features that permit users to post, send, submit, publish, display, or transmit (collectively, “post”) content or materials to us or on the Website. You are entirely responsible for any information, creative ideas, suggestions, proposals, plans, reviews, feedback, or other materials that you send us, whether online, by email, by postal mail, or otherwise (collectively, ”User Submissions”). You hereby grant to mikel kristi a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit your User Submissions throughout the world, in any medium and for any purpose, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that: (a) you own or control all rights in and to your User Submissions and have the right to grant the license granted above to us and our licensees, successors, and assigns, and (b) that all of your User Submissions do and will comply with these Terms.

We are not responsible for monitoring or evaluating User Submissions, nor do we assume any responsibility or liability for the User Submissions. We do not endorse or control the User Submissions posted on the Website and cannot guarantee their accuracy, integrity, or quality. You understand that by using the Website, you may be exposed to User Submissions that are offensive, indecent, or objectionable to you. We are not liable in any way for any User Submissions, including without limitation, for any errors or omissions in any User Submissions, or for any loss or damage of any kind incurred by you as a result of the use of any User Submissions transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for infringements of any proprietary rights, rights of privacy and publicity, and rights of attribution in connection with User Submissions.

You acknowledge that we have the right, but not the obligation, to refuse to post or remove any User Submissions in our sole discretion, and we reserve the right to edit, condense, or delete any User Submission. Without limiting the foregoing or any other provision of these Terms, we have the right to remove any User Submissions that violate these Terms or is otherwise objectionable. We reserve the right to refuse service and/or terminate the account of any user who violates these Terms or infringes the rights of others. We may disclose your identity or other information about you to a third party or take any other such step as may be required to enforce the rights of others or to take any other necessary legal action.

SECTION 4 – OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools which we do not monitor and over which we have neither any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 5 - THIRD-PARTY LINKS

Certain content, products, and services available via our Website may include links or references to third-party websites that are not affiliated with us or under our control. We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant and will not have any liability or responsibility for any third-party websites or for any information, materials, products, or services of third-parties. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website.

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. Please review 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.

Terms Relating to the Sale of Products to You

SECTION 6 - GENERAL CONDITIONS

Certain products or services may be available exclusively online through the Website. Products, prices, and availability are subject to change at any time and without notice.

You must be an end user of our products to purchase from the mikel kristi online store. Resellers are not eligible to purchase. We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information and submissions (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. SECTION 7 – ORDER ACCEPTANCE AND CANCELLATION You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or provide services to you. We may choose not to accept any orders in our sole discretion. We may, in our sole discretion, limit or cancel quantities that may be purchased per order, per account, per credit card, per person, or per household. After having received your order, we will send you a confirmation e-mail with your order number and details of the products you have ordered. Acceptance of your order and the formation of the contract of sale between mikel kristi and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 520-355-5353.

SECTION 8 – PRICE AND PAYMENT TERMS

All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept various credit cards and payment services for all purchases. You represent and warrant that (a) the credit card or other payment service information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card or payment service for the purchase, (c) charges incurred by you will be honored by your credit card company or payment service, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges, if any.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the mikel kristi online store. You agree to promptly update your account and other information, including your email address and credit card information so that we can complete your transactions and contact you as needed.

SECTION 10 – SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS

We will arrange for shipment of purchased products to you. Please check the Website for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier or delivery service. Any shipping or delivery dates provided on the Website are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

SECTION 11 – RETURNS AND REFUNDS

We offer returns and refunds in accordance with our Returns Policy. Terms Relating to Both Your Use of the Website and the Sale of Products to You

SECTION 12 - CHANGES TO THE TERMS OF USE AND SALE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. The "Last Updated" date at the top of these Terms of Use will indicate when the latest changes were made. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Any new products, features, or tools which are added to the current Services shall also be subject to these Terms. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes to these Terms means that you accept and agree to those changes.

SECTION 13 – PRIVACY AND PERSONAL INFORMATION

Your privacy is important to us. All information we collect on this Website, including your submission of personal information through the Website, is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

SECTION 15 – INTELLECTUAL PROPERTY

All information and content available on the Website, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, images, data compilations and software, and the compilation, organization, and look and feel thereof (collectively, the "Content") is are owned by mikel kristi, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website and its Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website for any purpose other than your personal use of the Services, or to take such actions as may be enabled by various social media features included in the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link or otherwise use the social media features included in the Website in such a way as to suggest any form of association, approval, or endorsement by mikel kristi without our express written consent. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

SECTION 16 - DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER MIKEL KRISTI NOR ANY PERSON ASSOCIATED WITH MIKEL KRISTI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MIKEL KRISTI NOR ANYONE ASSOCIATED WITH MIKEL KRISTI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MIKEL KRISTI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 – LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MIKEL KRISTI, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, SUBSIDIARIES, OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE OR SEVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MIKEL KRISTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

SECTION 18 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless mikel kristi, its affiliates, licensors, and service providers, and its and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your use of the Website, including, but not limited to, your User Submissions, any use of the Website’s content, the Services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website; and (c) any claim or allegation that any of your User Submissions infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.

This provision does not require you to indemnify mike kristi for any unconscionable commercial practice or for fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact by mikel kristi in connection with the Website.

SECTION 19 - GOVERNING LAW

All matters relating to the Website and these Terms and any separate agreements whereby we provide you with Services, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule, and any legal suit, action, or proceeding arising out of, or related to, the Website, the Services, and these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Tucson and Pima County. You further expressly consent and agree to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 20 – WAIVER AND SEVERABILITY

No waiver by mikel kristi of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of mikel kristi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms with such determination limited to the minimum extent so as not to affect the validity and enforceability of the remaining provisions.

SECTION 21 – TERMINATION AND SURVIVAL

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website.

We reserve the right to terminate your use of or access to the Website at any time and may delete any or all of your User Submissions without prior notice at our sole discretion or with good reason, which includes any breach by you of these Terms. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website or our Services in these circumstances.

In the event of any termination, you must stop using the Website and you agree that the provisions of the Agreement regarding Intellectual Property, Disclaimer of Warranties, Limitations of Liability, Indemnification, and Governing Law shall survive any such termination.

SECTION 22 - ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the sole and entire agreement between you and mikel kristi governing your use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and us (including, but not limited to, any prior versions of the Terms).

SECTION 23 - CONTACT INFORMATION

Questions about these Terms, and any feedback, comments, requests for technical support, and other communications relating to the Website, should be directed to our Contact Form.