Terms and Conditions

Last updated: November 1, 2023

Please read these Terms and Conditions (“Terms and Conditions” or “Terms”) carefully before using the https://www.lemongrassspa.com website and the LemongrassSpa mobile application (together, or individually, the “Service”) operated by Lemongrass Spa Products, LLC (“us,” “we,” or “our”).

Your access to, and use of, the Service is conditioned upon your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING AND CONSENTING TO THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO BE BOUND, AND/OR TO ABIDE, BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE, AND SHOULD STOP IMMEDIATELY.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, a credit card number, its expiration date, a billing address, and shipping information.

You represent and warrant that (i) you have the legal right to use the credit card(s) or other payment method(s) identified in connection with such Purchase, and (ii) the information you supply is true, correct, and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting information, you grant us the right to provide that information to such third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your Purchase at any time, for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in your order, or suspicion of fraud or any unauthorized or illegal transaction.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Lemongrass Spa Products, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lemongrass Spa Products, LLC.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lemongrass Spa Products, LLC.

Lemongrass Spa Products, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web site(s) or service(s). We do not warrant the offerings of any of such third parties. Active sales consultants who have agreed to the terms and conditions of the consultant agreement with Lemongrass Spa Products, LLC may have a customized, replicated, authenticated website with a unique number starting with www.ourLemongrassSpa.com/. These are not considered third-party websites, but rather, are an extension of the www.LemongrassSpaProducts main site.

You acknowledge and agree that Lemongrass Spa Products, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods, or services available through any such third-party web site(s) or service(s).

We strongly advise you to review any and all of the terms, conditions, and policies of any such third-party, including, but not limited to, those of its web site(s) and/or service(s).

TERMINATION

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever including, but not limited to, a breach of these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Lemongrass Spa Products, LLC, its licensees and licensors, their employees, contractors, agents, officers, directors, partners, agents, suppliers, and/or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (i) your use and access of the Service, or (ii) a breach of these Terms.

LIMITATION OF LIABILITY

In no event shall Lemongrass Spa Products, LLC, its licensees and licensors, their employees, contractors, agents, officers, directors, partners, agents, suppliers, and/or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) any unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Lemongrass Spa Products, LLC, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, securely, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Please seek advice of independent counsel should you require further clarification.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

These Terms and Conditions are effective as of November 1, 2023.

We reserve the right, at our sole discretion, to modify, update, or replace these Terms and Conditions at any time. If such a change is material, we will provide at least 30 days’ notice (including, but not limited to, through the email address you have provided, or by placing a prominent notice on our website) prior to such change taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any change becomes effective, you agree to be bound by the new term or condition. IF YOU DO NOT AGREE TO BE BOUND, AND/OR TO ABIDE, BY ANY SUCH NEW TERM OR CONDITION, YOU ARE NOT AUTHORIZED TO USE THE SERVICE, AND SHOULD STOP IMMEDIATELY.

CONTACT US

If you have any questions regarding these Terms and Conditions, please contact us, Lemongrass Spa Products, LLC, via email at admin@lemongrassspa.com or by telephone at 303.838.6336.