Terms of Use
Please read these Terms of Use ("Terms") before using the sites because they affect your legal rights and obligations. These terms constitute legally binding terms and govern your use of our websites (www.krystal-couture.com & www.purebalancept.com), programs, products, and services. These Terms and any additional Terms and conditions contained in the websites, programs, products and services apply to you. Any updates to the Terms will apply to you prospectively, so you should check back each time you return to any site for any updates. You agree that we may give you notices of news, revised or changed terms and other important matters by posting notice or a link on the home page of the websites, or in another reasonable manner, and we may contact you by mail or email sent to the address you provide. No confidential, fiduciary or any other special relationship is created with you by virtue of your use of any website or your communications to the website or through or related to the websites. By using the websites, programs, products and services, you further agree that we may alter or modify the settings or configurations on your internet device in order to allow for or optimize your use. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS CONTAINED HEREIN, DO NOT USE THE WEBSITES, PROGRAMS, PRODUCTS OR SERVICES.
Ownership:
Krystal Couture / Pure Balance Holistic Healing, LLC owns, controls or licenses the materials available on the websites, programs, products and services, and the materials in the websites, programs, products and services are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules regulations and international treaties. No rights (either by implication, estoppels or otherwise) are granted to you. Your use of the websites, programs, products or services does not grant to you any rights to any content, code, or materials you may access on or though the sites. Any commercial or promotional distribution, publishing or exploitation of the websites, programs, products or services or any content, code, data or materials on the websites is strictly prohibited, unless you have received the express prior written permission from Krystal Couture / Pure Balance Holistic Healing, LLC.
Intellectual Property Rights:
The entire content of the websites, programs, products and services are copyrighted under the United States copyright laws and or similar laws of other jurisdictions. The materials may not by copied, reproduced, downloaded or distributed in any way, in whole or in part. You agree not to display or use in any manner any content, writings, posts, newsletters, photos, videos, products, program and service data, without express prior written permission from Krystal Couture / Pure Balance Holistic Healing, LLC. Any unauthorized use of the materials in the sites is prohibited. You agree to abide by any and all additional trademark and copyright signs, notices, information or restrictions contained in any part of the websites, programs, products and services.
Links to the Sites:
You may establish a hypertext link to the websites so long as the link does not state or imply any sponsorship of your website by Krystal Couture / Pure Balance Holistic Healing, LLC and all associated parties. However, you may not, without our prior written permission, frame or inline link any of the content of the websites, or incorporate into another website or other service any of our material, content or intellectual property.
Medical/Psychological Disclaimer:
Information provided in the sites is for general informational purposes only and is not intended or implied to serve as medical/psychological, diagnosis or treatment. You should not use this information to diagnose or treat any health issues, illnesses or diseases. Krystal Couture / Pure Balance Holistic Healing, LLC are not providing any medical/psychological advice. If you have or suspect you have a medical/psychological problem, you should consult with your doctor.
Disclaimer of Warranties:
The websites, programs, products and services, including without limitations, the materials and content, are provided on an “as is”, “as available” and “without all faults” basis to the fullest extent permissible by law. The websites, programs, products and services, and owners, employees, directors, officers, members, shareholders, agents, vendors, and independent contractors of the sites make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to the websites, programs, products and services; the materials and content on or provided through the websites, programs, products and services; any downloadable items, user content; the functions made accessible on or thought the sites; and security associated with the transmission or information transmitted to or from the websites. In addition, Krystal Couture / Pure Balance Holistic Healing, LLC and all associated parties hereby disclaim all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Krystal Couture / Pure Balance Holistic Healing and all associated parties do not represent or warrant that the sites or the functions contained therein will be error free or uninterrupted, that defects will be corrected, or that the sites or the server that makes the sites available be free from any harmful components, including without limitation, viruses or other malware. Krystal Couture / Pure Balance Holistic Healing and all associated parties do not make any representation or warranties that the information on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. Krystal Couture / Pure Balance Holistic Healing and all associated parties do not warrant that your use of the sites is lawful in any particular jurisdiction, and specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdiction’s law is applicable to these terms.
Disclaimer of Liability:
Under no circumstances will Krystal Couture / Pure Balance Holistic Healing and all associated parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use , or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if Krystal Couture / Pure Balance Holistic Healing and all associated parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will Krystal Couture / Pure Balance Holistic Healing and all associated parties be liable to you or anyone else for loss, damage, injury or death. Some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will Krystal Couture / Pure Balance Holistic Healing and all associated parties assume total liability to you for all damages, loss, or causes of action. Your access to and use of the sites is at your own risk. If you are dissatisfied with the websites, programs, products, services, or anything regarding Krystal Couture / Pure Balance Holistic Healing and all associated parties, your sole and exclusive remedy is to discontinue accessing and using the websites, programs, products and services.
Termination and Modification:
Krystal Couture / Pure Balance Holistic Healing and all associated parties reserve the right to terminate your access to and use of the websites, programs, products and services, in its sole discretion, without notice and liability, including without limitation, if the site believes your conduct fails to conform with these Terms. Krystal Couture / Pure Balance Holistic Healing and all associated parties also reserve the right to investigate suspected violations of these Terms. Any violation of these Terms, may be referred to law enforcement authorities.
Krystal Couture / Pure Balance Holistic Healing and all associated parties reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any website content, programs, products and services without limitations, including the cessation of all activities associated with the sites, with or without notice. You agree that Krystal Couture / Pure Balance Holistic Healing and all associated parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire and any dispute shall be subject to binding arbitration in New Hampshire. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Dispute Resolution/Mediation/No Class Relief:
If any controversy, allegation or claim arises out of or relates to the websites, programs, products and/or services, your use of the sites, and these Terms, (collectively, “Dispute”), or to any of the sites actual or alleged intellectual property rights (an “excluded dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolution of it. If we do not have a current address for you then , then we have no obligation under this section. Your notice to us must be sent to Krystal Couture / Pure Balance Holistic Healing, LLC, Attn: General Counsel, PO Box 492 Rollinsford, NH 03869. For a period of sixty days from the date of receipt of notice from the other party, Krystal Couture / Pure Balance Holistic Healing will engage in a dialogue in order to attempt to resolve the dispute or excluded dispute though nothing will require either party to resolve the dispute or excluded dispute on terms with respect to which you and Krystal Couture / Pure Balance Holistic Healing and all associated parties, in each of our sole discretion are not comfortable.
If we cannot resolve a dispute as set forth above within sixty days of receipt of the notice, then either you or we must submit the dispute to formal mediation in Strafford County, New Hampshire. The mediation shall be conducted by a mediator agreed on by the parties no later than ninety days from the notice of dispute. If the parties are unable to timely select the mediator, as the case may be, shall designate the mediator. The parties must split the cost of the mediation equally.
Disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the above section.
Except to the extent that mediation is required, any action or proceeding relating to any dispute or excluded dispute may only be instituted in federal court in Strafford County, New Hampshire. Accordingly, you and Krystal Couture / Pure Balance Holistic Healing and all associated parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.
This section can only be changed or terminated upon mutual written agreement.
Notices:
You agree that we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the site, or in another reasonable manner, and we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address.
Miscellaneous:
The failure of Krystal Couture / Pure Balance Holistic Healing and all associated parties to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit Krystal Couture / Pure Balance Holistic Healing and all associated parties rights with respect to such breach or any subsequent breaches. The Krystal Couture / Pure Balance Holistic Healing and all associated parties may assign their rights and duties under these Terms to any party at any time without notice to you. If any provision of these Terms will by unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be constructed against the sites or Krystal Couture / Pure Balance Holistic Healing and all associated parties by virtue of having drafted them. The sites reserve the right to deny access to all or part of the sites to you or any person it its sole discretion without notice or liability of any kind.