These Terms are separated into two parts. Part One applies to all users. Part Two only applies to those who make a purchase with us.
Cereus reserves the right to change or modify these Terms at any time and in its sole discretion. If Cereus makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Website or updating the date at the top of these Terms. Your continued use of the Website will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms, you must stop using the Website. Any use of the Website in violation of these Terms may result in, among other things, termination of your account.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
PART ONE – TERMS OF WEBSITE USE
- Eligibility, Registration and Account
The Website is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Website. In addition, you may not make a purchase from our Website unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one Website account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to place an order on the Website, you may register an account. The account will require that you provide your name, address, and email account for shipping and billing. No payment information will be stored in your account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Cereus; and (d) promptly notify Cereus if you discover or otherwise suspect any security breaches related to the Website.
- Ownership of Website Content; Limited License
Unless otherwise indicated on our Website, the Website and all content and materials therein, including but not limited to the Cereus logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Website Content”) are the proprietary property of Cereus or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Website and electronically copy (except where prohibited without a license) and print hard copy portions of the Website Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Website or Website Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Content; (d) modifying or otherwise making any derivative uses of the Website and the Website Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, the Website Content or any information contained therein, except as expressly permitted on the Website or pursuant to separate terms; or (g) any use of the Website or the Website Content other than for its intended purpose. Any other use of the Website or the Website Content, without the prior written permission of Cereus, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Cereus may immediately suspend or terminate the availability of the Website and Website Content (and any elements and features of them) for any reason, in Cereus’s sole discretion, and without advance notice or liability.
These Terms constitutes a limited grant of rights to the Website Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted are reserved by Cereus and its licensors and other third parties.
Any unauthorized use of the Website or Website Content for any purpose is prohibited.
- Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Cereus has adopted a policy of terminating, in appropriate circumstances and in Cereus’s sole discretion, account holders who are deemed to be repeat infringers. Cereus may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Bill Rosenbaum
Address: 9982 Foxrun Rd.
Santa Ana, CA 92705
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
“Cereus,” the Cereus logo, and other Cereus product or service names, logos or slogans that may appear on the Website are trademarks or registered trademarks of Cereus and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior permission of Cereus or the applicable trademark holder.
You may not use any metatags or any other “hidden text” utilizing “Cereus” or any other name, trademark or product or service name of Cereus without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, package designs, text, art work, screen shots, digitally downloadable files and other content, is the service mark, trademark and/or trade dress of Cereus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Cereus.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Website, or trademarks, service marks, or trade dress found within the Website may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Website the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Website. You agree not to display or use any Website Content or third party content located on the Website in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Cereus and/or its licensors, that dilutes the strength of Cereus or its licensor’s property, or that otherwise infringes Cereus or its licensor’s intellectual property rights.
If you believe that anything on the Website infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Cereus or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Cereus logo or other proprietary graphic of Cereus to link to the Website without the express written permission of Cereus. Further, you may not use, frame or utilize framing techniques to enclose any Cereus trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Cereus’s express written consent.
Cereus makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of Cereus and Cereus is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Cereus provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Cereus of any site or any information contained therein. When you leave our Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
- User Conduct
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:
- Use the Website in any unlawful manner or in any manner that could damage, disable, overburden or impair the Website;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another’s account without authorization from Cereus;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Website that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with our Website; or
- “Frame” our Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Cereus is not responsible or liable for the conduct of, or your interactions with, users of the Website (whether online or offline), nor is Cereus responsible or liable for any associated loss, damage, injury or harm. Although Cereus has no obligation to monitor any user conduct on the Website, Cereus reserves the right and has absolute discretion to monitor any user conduct on the Website at any time and for any reason without notice. Cereus does not approve or endorse any user-posted meetings or events referenced on the Website and Cereus recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
- No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Cereus, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Website; (b) any Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Website, Website Content and services provided on or in connection with the Website (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. CEREUS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Cereus does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Cereus does not represent or warrant that the Website or its servers are free of viruses or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL CEREUS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM CEREUS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CEREUS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CEREUS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CEREUS FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Waiver of Injunctive Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY CEREUS OR A LICENSOR OF CEREUS.
- Modifications to Site
Cereus reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Cereus will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.
- Applicable Law and Venue
These Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Cereus reserves the right, without notice and in its sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.
If any provision of these Terms shall be deemed 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.
Cereus may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cereus.
- No Waiver
Except as expressly set forth in these Terms, (i) no failure or delay by you or Cereus in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
PART TWO – TERMS FOR USERS MAKING PURCHASES
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE WEBSITE.
- Pricing and Availability
All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens, such as due to variances between processor programs and changes in tax rates.
While we attempt to be as accurate as possible and eliminate errors on the Website, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
- Out-of-Stock Items and Backorders
If an item is out of stock, the Website will indicate so. If the color or size you want is not listed on the Website, it is not then available for ordering. Please check back later. Items cannot be backordered.
Note that some items may be unavailable even if the Website indicates that they are available. Adding an item to your cart or completing the purchase does not guarantee the availability of that item. Your payment card will be charged at the time of purchase, not shipment. However, if the item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
- Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through the Website may, at our option, be conducted electronically from start to finish and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
- Shipping & Handling
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.
Shipping is via FedEx. Generally, you may choose overnight, second day, or ground service. International shipping is only allowed to those countries where FedEx will deliver. We will not ship merchandise to PO Boxes, APO or Military PO Boxes. Merchandise will only be shipped to street addresses with no signature required.
Shipping and handling charges are based on approximate weight. Any shipping or handling charges may or may not reflect actual costs. Additional freight charges may apply to domestic and international orders. International customers will be responsible for any applicable VAT taxes or additional charges associated with receiving the order at the final destination. We will send the Fed Ex tracking number to your email with a confirmation of shipping notice. All orders are shipment contracts, not destination contracts.
Since we rely on third parties to deliver our products, please allow at least two weeks for your order to arrive. However, any shipping times shown on the Website are estimates only – actual delivery dates may vary significantly. The timely receipt of orders is subject to strikes, weather, acts of God and or other unforeseen delays. If you have not received your order after two weeks please contact us at email@example.com.
You agree that you will not obtain or direct shipment of product for export.
- Payment; Credit for Refunds
We accept all major credit cards and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order.
Charges for orders placed on the Website will appear on your credit card statement as “Cereus Product Development Inc.” or “Heron Haberdashery”.
- Credit Card Security
Once you press submit, your order begins processing and cannot be changed or cancelled. When you receive your order, you may return the order using our returns and exchanges policy below.
- Returns and Exchanges
All sales are final. In the case of damaged or defective product, the product must be reported to firstname.lastname@example.org and returned to us within one week of receipt. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned subject to availability, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
- Complaints and Legal Notices
All complaints and legal notices should be mailed to:
Cereus Product Development, Inc.
9982 Foxrun Rd.
Santa Ana, CA 92705
If a law requires us to accept legal notices via email, please email such notices to email@example.com . If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.
- Limited Warranty
Cereus warrants that Cereus branded products will be free from defects in materials and Cereus workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product.
You agree to indemnify Cereus for any adverse or allergic response from the use of our product. We recommend testing the product on a less harmful part of the body to see if possible allergic or other harmful adverse reaction occurs. Cereus’s products could be harmful and are for external use only. Keep out of eyes or open wounds and keep away from flames. The fragrance products that contain Alcohol are flammable until dry. Do not use near fire, flame, or heat.
Cereus makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
Manufacturers of non-Cereus branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned or service fees refunded in accordance with Cereus’s returns and exchanges policy (see above).
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
- Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Cereus’s sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Cereus returns and exchanges policy. IN NO EVENT SHALL CEREUS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF CEREUS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Last updated: April 16, 2015