Eminence Organic Skincare Inc., Eminence Certified Organic Farm, Eminence Virtual Tradeshow Booth and Eminence Kids Foundation (collectively, "Eminence", “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to this website, or any website owned or controlled by Eminence, including its subdomains (collectively, the “Sites”), (together, the “Platform”), conditioned on your acceptance of these terms, conditions, and notices contained herein (collectively, the “Terms”). These Terms are a legal agreement between you and Eminence, together with its affiliates and partners. By agreeing to these Terms you further agree to our Privacy Policy.
These terms and our Privacy Policy also apply to purchases made or information collected at onsite Tradeshow Booths, virtual Eminence Tradeshow Booths, when you engage in Advanced Education Seminars, register for and attend events such as Masterclasses, engage with us on social media, join a membership program, or otherwise interact with us.
For the purposes of these Terms, “Platform Content” means collectively any text, images, graphics, software, source code, apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform, used by the Platform, or used to implement the Platform that are not Submissions (as that term is defined below), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content. Notwithstanding any provision in these Terms, you are not granted any right, title, or interest in or to the Platform Content.
By visiting Eminence Platform, you agree to these Terms. These Terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, and/or contributors of content. Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of the Platform, you accept these Terms and agree to be bound by these Terms. If you do not agree to all the provisions of these Terms, then you may not access the Platform or use any services.
Acceptance of Terms
PLEASE READ THESE TERMS AND THE EMINENCE PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU HEREBY AGREE TO THESE TERMS AND THE PRIVACY POLICY, WHICH IS HEREBY INCORPORATED HEREIN BY REFERENCE, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
EMINENCE MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS.
Our Privacy Policy, and as applicable our Cookie Policy describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, Eminence’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy, and as applicable our Cookie Policy.
By using this Platform on any device, you consent to the collection, use, and disclosure of information as described in these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately exit the Platform and discontinue any use of the Platform and any Platform Content.
Eminence may, at its sole discretion, modify these Terms at any time by posting updated Terms on the Platform. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the terms and conditions in order to be aware of any such modifications, and your continued use of the Platform shall be your acceptance of these modifications. If any modification is unacceptable to you, you must cease using the Platform. By continuing to use or access the Platform, you are agreeing to the updated Terms.
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws and who are not otherwise barred from using the Platform under applicable laws. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to the Terms.
By using the Platform you agree not to:
Post or transmit any content or submissions that violate our Online Community Guidelines.
You hereby represent and warrant to Eminence that you will use the Platform in accordance with applicable laws.
The Platform Content, including text, images, graphics, logos, and software, is the property of Eminence, its affiliates, licensors, or content suppliers and is protected by copyright, trademark, and other intellectual property laws. You shall not use, reproduce, or distribute any content from the Platform without the express written consent of Eminence. You shall not reproduce, distribute, transmit, perform, display, create derivative works, use, or sell any of the Platform Content or any content derived from the Platform Content.
All right, title, and interest in and to the Platform, together with all intellectual property rights therein and relating thereto, are owned by Eminence, its affiliates, licensors, or content suppliers. No right, title, or interest, including license, is granted to you in or to the Platform or any Platform Content, whether by your use of the Platform or by these Terms.
You shall not infringe Eminence’s intellectual property rights or assist or induce any other person, including entity, to infringe Eminence’s intellectual property rights.
Without limiting the generality of the foregoing, you shall not use any of Eminence’s trademarks, including brands, marks, logos, product or service names, or any trademarks accessible via the Platform or in the Platform Content whether owned by Eminence or otherwise. All trademarks accessible via the Platform or in the Platform Content are the property of their respective owners.
IN NO EVENT SHALL EMINENCE OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE UNDER THESE TERMS OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, AGGRAVATED, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, OR ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR IN CONNECTION WITH ANY ORDERS/PURCHASES, EMINENCE PRODUCT(S), USE OR PURCHASE OF ANY EMINENCE PRODUCT(S) OR SERVICES, USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFITS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL ELMINENCE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO EMINENCE BY YOU FOR ANY PRODUCTS PURCHASED USING THE PLATFORM IN THE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
THIS SECTION SETS FORTH EMINENCE’S SOLE LIABILITY AND ENTIRE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY ACTION THAT IS BROUGHT AGAINST EMINENCE.
You shall indemnify, defend, and hold Eminence and its affiliates, directors, officers, employees, representatives, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Platform or your breach of these Terms, including use or purchase of any product, good, or service offered by Eminence such as your provision of or use of an Eminence product to or for a third party.
ALL INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY EMINENCE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
EMINENCE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS GOODS, SERVICES, OR INFORMATION OR ANY GOODS, SERVICES, OR INFORMATION OFFERED BY EMINENCE, WHETHER ON ITS WEBSITE(S) OR OTHERWISE, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OR CONDITION OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, CONDITION, OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON SELLER'S BEHALF. ALL INFORMATION, INCLUDING LITERATURE ABOUT EMINENCE PRODUCTS OR SERVICES, ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONTAIN A WARRANTY OR REPRESENTATION OF ANY KIND.
If you establish an account with Eminence, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You may not transfer your account to any other person.
You shall be solely liable for any and all use of your account or password, including any purchases made using your account.
You acknowledge that you are responsible for any content or materials you submit, upload, post, or otherwise make available on or through the Platform (collectively, “Submissions”). You represent that you own all intellectual property rights or have the necessary permissions to provide such content and allow others to use such content and that neither doing so nor the content itself infringes on the rights of any third party. You hereby grant to Eminence a royalty-free, perpetual, irrevocable, worldwide license, with a right of sublicense, to freely use the whole or any portion of such Submissions in any way, commercial or otherwise, and for any purpose whatsoever. You further waive any and all of your moral rights in the Submissions, and have caused any other owner or author of such Submissions and the intellectual property relating thereto to waive their moral rights in the Submissions. All Submissions will be treated as non-confidential and nonproprietary at our sole and absolute discretion.
When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation, abide by the Online Community Guidelines. Eminence reserves the right in its sole and absolute discretion to (i) terminate your access to your account or deactivate your account; (ii) terminate your ability to post to the Platform (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Eminence determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. Eminence may report to law enforcement authorities any actions that may be, or Eminence reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at Eminence’s discretion, Eminence will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
EMINENCE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSIONS POSTED OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, OR PROFANITY YOU MAY ENCOUNTER. Eminence makes no representations about the accuracy or reliability of any opinion, statement, or other information or content provided by any third party or user and do not represent or warrant that your use of the Platform, including any content derived from a third party, will not infringe rights of third parties.
Any Platform Content offered or posted on the Platform and access to the Platform are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Eminence reserves the right to modify or discontinue the Platform or any service or product offered through the Platform without notice at any time. We shall not be liable to you, or any third party should we exercise this right. Reliance on the Platform is solely at your own risk.
In the event of website disruption or system downtime, you may experience delivery delays. Eminence is not responsible for any damages arising from such outages or resulting lost data. We ask you to email us if you do not receive an order confirmation.
You acknowledge that in Eminence’s performance of these Terms or in providing, selling, advertising, marketing, or offering for sale any products or services, whether on its website(s) or otherwise, or providing any confirmations of same, Eminence may:
(A) collect, assemble, store, and use your personal information and related information; and
(B) send commercial electronic message(s) (CEM(s)) as that term is defined in Canada's Anti-Spam Legislation.
Pursuant to Canada's Anti-Spam Legislation (“CASL”), Eminence may seek your consent to receive commercial electronic messages such as emails (“CEMs”), including to provide marketing communications to you. Such consent, if provided, is deemed to be on behalf of Eminence, its affiliates, and any and all other companies that provide Eminence’s electronic systems.
If you wish to withdraw your consent to receive CEMs, please contact Eminence at the contact information provided in these Terms. You may also unsubscribe at any time from receiving CEMs by following the instructions in the message or by contacting Eminence at the contact information provided in these Terms.
Even if you have opted out of receiving marketing communications from Eminence, please be aware that Eminence may still contact you for other purposes. For example, Eminence may contact you to provide communications you have consented to receive, regarding the goods, products, or services Eminence provides to you, or if you contact Eminence with an inquiry.
Eminence participates in industry Tradeshows and Events designed to engage with professionals in the industry, and to showcase its company, its products and its services. Eminence products purchased at Tradeshows, whether purchased at the Tradeshow Booth onsite, or at one of the virtual Eminence Tradeshow Booths (www.eminencebooth.com and www.eminencebooth.ca) are not to be resold. Tradeshow purchases do not accumulate credits towards any Eminence rewards programs. There are no refunds or exchanges for products purchased at Tradeshows. Eminence exclusively sells its Professional products to licensed aestheticians and by placing an order or making a purchase from Eminence wheresoever, including but not limited to Tradeshow purchases, you represent to Eminence that you are a licensed aesthetician.
However, the purchase of any Eminence product at Tradeshows is not equivalent to being authorized as a reseller and does not permit the purchaser to act as a reseller. Purchasers of Eminence product at Tradeshows are not permitted to publicize, advertise, retail or resell Eminence products by any means or provide services including any Eminence products. Purchasers of Eminence product at Tradeshows purchase product at Tradeshows under the agreement that the product is for trial purposes or for personal use only.
In the event of any dispute arising from these Terms of Use, the laws of the province of British Columbia and the federal laws of Canada applicable therein shall govern. You agree to submit to the exclusive and personal jurisdiction of the courts of such province in connection with such disputes.
If you have any questions regarding our Terms of Use, please contact us by emailing us at info@Eminenceorganics.com or by writing to us at:
Eminence Organic Skin Care
300-530 West Broadway
Vancouver, BC V5Z 1E9
Canada