TERMS OF SERVICE
Last Update: 7/6/2020
The following Terms and Conditions (“Agreement”) govern your access and interactions with Arunaproject.com (“Site”). This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully before you interact with the Site.
By placing an order for products or services from the Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
We may make changes to these Terms at any time in our sole discretion. Any changes we make will be effective immediately when we post a revised version of these Terms. Please check the “Last Updated” date at the top of the page to determine when these Terms were last updated. Your continued use of the Site after that date, signifies your acceptance of the updated Terms.
Accessing the Site
We reserve the right to amend the Site or withdraw access, services or materials that are provided through the Site, in our sole discretion without notice. We will not be liable for any reason if, all or any part of the Site is unavailable for any period of time. Occasionally, we may restrict access to some parts of the Site, or the entire site, to users, including those with registered accounts.
Should you choose to use certain features of the Site by creating an account you agree that any user name, password or other piece of information you provide for security purposes is confidential information that you will not share with any other person or entity. You acknowledge that the account information you provide to us is for your sole use and not to be provided to other people or entities to access your account. You agree, that should you have any reason to believe your account security has been compromised in any way that you will notify us immediately of the potential breach in security.
Order Acceptance and Cancellation
We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirm our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household, or order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you desire to make a purchase from Aruna that exceeds 10 bags you must contact us at email@example.com. In the event that we make a change or cancel an order, we will attempt to notify you at the email address you have provided us at the time of the order.
Prices and Payment Terms
The prices displayed for our products that are available for purchase on the Site, represent the applicable retail prices, and do not include any taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. Products in your shopping cart reflect the current price for that item(s). This price may not reflect the price of the item when it was initially placed in your cart.
We strive to present the most accurate, recent and reliable information on the Site. However, at times there may be information that may include a typographical error, inaccurate information or omission that may relate to a certain product or service, concerning price, quantity, descriptions and availability. Any errors that may exist are unintentional and we reserve the right to change these errors and update information at any time without providing notice. Should the situation arise where a typographical error or any other type of error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. We reserve this right even if an order has been confirmed or a method of payment has been charged. Should an order be cancelled after a method of payment has been charged we will refund the amount that was charged.
By submitting an order through the Site, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges. Payment may be made by credit cards that we accept, or any other method that we make available to you. In order to make this payment, you must provide us with a valid credit card and/or other associated billing information and authorize us or any third party payment service provider engaged by us to charge your method of payment for all orders and services placed through the Site.
All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the product(s) has shipped. You may choose the method of shipment and timing of the delivery for your product(s) you order through the Site if more than one method is available. You agree that you will be charged the corresponding amount for shipping based on your selection. We will not be held liable for deliveries that are delayed due to events that are beyond our control.
Returns, exchanges, refunds
Aruna offers refunds and exchange options for items purchased through the site. Bags must have been shipped within the past 30 days, it must be unused, unwashed and still have the hangtags attached. In cases of quality issues, please email firstname.lastname@example.org. Headbands must have been shipped within the past 30 days, but have a workout guarantee allowing you to try out your new Aruna headband. If there are any issues or a return or exchange is desired, please email Aruna at email@example.com.
Colors & Style
We make every effort to display the products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor’s display of any color or style will be accurate.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, audio and the design, selection and arrangements), are owned by Aruna, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement allows you to use and access the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any other material on our Site, without the express written consent of Aruna.
You must not access or use the Site for any commercial purposes other than the services or material provided through the Site.
Dispute Resolution, Binding Arbitration
You and Aruna are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or equity. Any reward of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to so within 60 days of your purchase date. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Aruna will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Reliance on Information Posted
The information that is presented on or through our Site is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance placed on this information is strictly at your own risk. We disclaim all liability and responsibility that may arise from any reliance you placed on material viewed or accessed through the Site or by anyone who may have informed you of any of the Sites contents.
Links to Third Party Sites
The Site may contain links to other websites and resources outside of our control. These links are provided solely for your convenience. We have no control over the contents of these external websites or resources, and accept no responsibility for them or for any damage that may arise from your use of them. If you decide to access any of the third party links to websites outside this Site, you do so entirely at your own risk and subject to terms and conditions on their websites.
Access from Outside the U.S.
The Site is designed and intended for users based in the United States. We do not claim that the Site or any of its content meets legal requirements or is even accessible outside the United States. Any user(s) who choose to access the Site from outside the United States does so at their own risk and are responsible for complying with applicable local laws.
- Prevent or inhibit any other person from using the Site
- Use the Site for any unlawful purpose
- Impersonate any person or entity, whether they be real of fictional
- Upload any content that contains a software virus, or any computer code, programs or files that may change, damage, or interrupt functionality of the Site or the hardware of any person who uses the Site
- Add, delete or alter any content on the Site or underlying source code
- Attempt to disrupt servers or networks that run the Site in any way
- Falsely claim a relationship, to represent, or any other association with the Site
- To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm Aruna or users of the Site or expose them to liability.
We are under no obligation to monitor the Site for any potential violations of our code of conduct or for potential violations of copyrights, but may from time to time review content posted on the Site from Users and remove content that in our sole discretion does not comply with these Terms.
User Generated Content
There are areas of the Site that allow you to review our product, share stories, post information and interact with third-party social media sites. We are not responsible or liable for any content that is posted by users or any other third parties. We reserve the right to remove any user content from the Site for any reason within our sole discretion. You agree that by sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing.
DMCA Takedown Notice
If you believe that any User Generated Content on the Site violates your copyright, please refer to the below information. If you believe that any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to us. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyright material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Individual to receive DMCA Notices is: Jonathan Sams. Please direct your concerns to firstname.lastname@example.org
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide social media features that enable you to:
- Creates links from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
We may disable all or any social media features and any links at any time in our sole discretion without prior notice.
Violation of Terms
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. ARUNA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE SITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER ARUNA NOR ANY PERSON ASSOCIATED WITH ARUNA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARUNA NOR ANYONE ASSOCIATED WITH ARUNA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT WILL ARUNA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
Governing Law and Jurisdiction
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or connected with the Site and/or this Agreement, will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect
Aruna may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Site. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Site by others using your account.
No Third-party beneficiaries
These terms do not and are not intended to confer any rights or remedies upon any person other than you.
Waiver and Severability