Last updated October 2015.
The website located at www.oil-testimonials.com (the "Site") is a copyrighted work commonly referred to as Oil-Testimonials. ("Oil-Testimonials", "Us", "Our", and "We"). Oil-Testimonials provides resources related to essential oils and related products, which includes testimonials provided by its members and directories of professionals with holistic skills; we also offer certain memberships for purchase (collectively, with all other services provided through the Site, the "Services"). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1. IMPORTANT DISCLAIMER
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. OIL- TESTIMONIALS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE SITE, AFFILIATED SOCIAL MEDIA PAGES, OR SERVICES. OIL-TESTIMONIALS IS NOT RESPONSIBLE FOR THE INFORMATION POSTED ON THE SITE, AFFILIATED SOCIAL MEDIA PAGES, OR SERVICES OR ANY INFORMATION OR TESTIMONIALS POSTED BY OTHER MEMBERS. OIL-TESTIMONIALS IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH YOUNG LIVING ESSENTIAL OILS, ANY PROFESSIONAL WITH HOLISTIC SKILLS, ANY HEALTH CARE PROVIDER, OR OTHER MEMBERS OF THE SITE OR SERVICES. OIL-TESTIMONIALS IS NOT OBLIGATED TO SCREEN PROFESSIONALS WITH HOLISTIC SKILLS OR HEALTH CARE PROVIDERS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THE INFORMATION THEY PROVIDE. OIL-TESTIMONIALS DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE SITE AND SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, OR PRECAUTIONS. THE CONTENT ON THE SITE AND SERVICES SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. THE FOREGOING DISCLAIMER AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9.2.
2.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Oil-Testimonials ( "Oil-Testimonials Account" or "Oil-Testimonials Membership") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may not create more than one Oil-Testimonials Account per person; however, multiple accounts per household is permissible. You may delete your Oil-Testimonials Account at any time, for any reason, by contacting Oil- Testimonials Member Services. Oil-Testimonials may suspend or terminate your Oil-Testimonials Account in accordance with Section 10.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Oil-Testimonials Account login information and are fully responsible for all activities that occur under your Oil-Testimonials Account. You agree to immediately notify Oil-Testimonials of any unauthorized use or suspected unauthorized use of your Oil-Testimonials Account or any other breach of security. Oil-Testimonials cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3 Social Networking Services. Sharing content on social networking services, including but not limited to Facebook, Twitter, and Pinterest, is subject to the following restrictions: (a) you may not repost testimonial content or any other content hosted on the Site onto any social networking service; (b) you may share a "Link" to content hosted on the Site to these social networking services only by using the embedded social media sharing buttons on the Site; (c) if the social media buttons are not embedded on a given Site page, then sharing the content of that Site page is strictly forbidden.
3.1 License. Subject to the terms of this Agreement, Oil-Testimonials grants you a non- transferable, non-exclusive license to use the Site and Services for your personal use;
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof; (e) you are permitted to print testimonials only by using the "Print handout" option on a given testimonial page; and (f) members who have an upgraded account or membership ("Silver Membership" or "Gold Membership") with Oil-Testimonials are permitted to "copy and paste" testimonial content for personal use only and must (1) provide a link to the webpage where the information was obtained and (2) are strictly forbidden from posting the information on any social networking services.
3.3 Modification. Oil-Testimonials reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Oil-Testimonials will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding your Member Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Oil-Testimonials or Oil-Testimonials's licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Oil-Testimonials and its suppliers reserve all rights not granted in this Agreement.
4. MEMBER CONTENT
4.1 Member Content. "Member Content"means any and all information and content that a member submits to, or uses with, the Site or Services (e.g., content in the member's profile, testimonial postings, or social media postings). You are solely responsible for your Member Content. You assume all risks associated with use of your Member Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Member Content that makes you or any third party personally identifiable. You hereby represent and warrant that your Member Content does not violate the Acceptable Use Policy (defined below), Food and Drug Administration guidelines, or Essential Oils policies. You may not state or imply that your Member Content is in any way provided, sponsored, or endorsed by Oil-Testimonials or Essential Oils. Because you alone are responsible for your User Content (and not Oil-Testimonials), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy, Food and Drug Administration guidelines, or Essential Oils policies. Oil- Testimonials is not obligated to back up any User Content, and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Oil-Testimonials an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Feedback. If you provide Oil-Testimonials any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Oil-Testimonials all rights in the Feedback and agree that Oil-Testimonials shall have the right to use such Feedback and related information in any manner it deems appropriate. Oil- Testimonials will treat any Feedback you provide to Oil-Testimonials as non-confidential and non- proprietary. You agree that you will not submit to Oil-Testimonials any information or ideas that you consider to be confidential or proprietary.
5. ACCEPTABLE USE POLICY
5.1 General Restrictions.You agree not to use the Site, Services, or any of Oil-Testimonials's social media pages or channels to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party (e.g., the Food and Drug Administration, Essential Oils, etc).
5.2 Testimonials. You agree not to post testimonials on the Site that are not based upon your personal experience (or that of a close friend or relative) or are otherwise designed for any purpose other than providing other members on the site with an accurate description of your personal experience. Testimonials based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, testimonials posted on the Site must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about Essential Oils employees, distributors, customers, or any other person, (e) contain overly detailed or sexual descriptions of an individual's physical appearance, or lewd personal attacks against a specific individual or group of individuals, or (f) contain unrelated personal grievances. If you are an owner or employee of Essential Oils or any of its competitors, you may not post testimonials about your company or products or about your competitors' company or products.
5.3 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other members, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or Oil-Testimonials or gain unauthorized access to the Site or Services, other computer systems, or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Services. 5.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any testimonials or social media posts), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Oil-Testimonials Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold Oil-Testimonials (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Oil-Testimonials reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Oil-Testimonials. Oil-Testimonials will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
7. THIRD PARTY SITES & ADS; OTHER MEMBERS
7.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Oil-Testimonials, and Oil-Testimonials is not responsible for any Third Party Sites & Ads. Oil- Testimonials provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
7.2 Other Members. Each Site member is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and assume no responsibility for any User Content. Your interactions with other Site or Service members (including holistic skills professionals or health care professionals) are solely between you and such members. You agree that Oil-Testimonials will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
7.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service members or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE", AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID OIL-TESTIMONIALS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Oil-Testimonials Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Oil- Testimonials Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Oil- Testimonials Account involves deletion of your User Content associated therewith from our live databases. Oil-Testimonials will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Oil- Testimonials Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4-12.
11. COPYRIGHT POLICYOil-Testimonials respects the intellectual property of others and asks that members of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of members of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our members is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
11.1 your physical or electronic signature;
11.2 identification of the copyrighted work(s) that you claim to have been infringed;
11.3 identification of the material on our services that you claim is infringing and that you request us to remove;
11.4 sufficient information to permit us to locate such material;
11.5 your address, telephone number, and email address;
11.6 a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
11.7 a statement that the information in the notification is accurate, and, under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Oil-Testimonials is:
476 W 200 N #107
Springville UT 84663
Telephone: (801) 855-5805
12.1 Support or Maintenance. You acknowledge and agree that Oil-Testimonials is not obligated to provide you with any support or maintenance in connection with the Site or Services.
12.3 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between you and Oil-Testimonials arising out of, relating to, or in connection with the Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. YOU AND OIL-TESTIMONIALS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that, if Oil-Testimonials makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Oil-Testimonials. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Utah County, Utah. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Utah without regard to conflict of law provisions.
12.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Oil-Testimonials is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Oil-Testimonials's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
12.5 Copyright/Trademark Information. Copyright © 2016, Oil- Testimonials.com. All rights reserved. Oil- Testimonials and the Oil-Testimonials logo are trademarks of Oil-Testimonials.com. You acknowledge and agree that You are not permitted to use these Marks or any third party marks displayed on our site without prior written consent from Oil-Testimonials or the owners of such third party marks.
12.6 Oil-Testimonials Contact Information:
Address: 476 W 200 N #107, Springville UT 84663
Telephone: (801) 855-5805