Terms of service
TERMS OF SERVICE
Effective Date: May 19, 2025 Last Revised: May 19, 2025
TABLE OF CONTENTS
- INTRODUCTION AND ACCEPTANCE
- DEFINITIONS
- ACCOUNT REGISTRATION AND SECURITY
- PRODUCTS AND ORDERING
- PAYMENT TERMS
- SHIPPING AND DELIVERY
- RETURN AND REFUND POLICY
- PRODUCT DISCLAIMERS
- INTELLECTUAL PROPERTY RIGHTS
- USER CONDUCT AND RESTRICTIONS
- USER-GENERATED CONTENT
- THIRD-PARTY WEBSITES AND CONTENT
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- DISPUTE RESOLUTION
- TERMINATION
- CHANGES TO TERMS
- GENERAL PROVISIONS
- CALIFORNIA RESIDENTS
- INTERNATIONAL USERS
- CONTACT INFORMATION
1. INTRODUCTION AND ACCEPTANCE
1.1 Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Tipping Naturals, Inc. ("Tipping Naturals," "Company," "we," "our," or "us"), a California corporation with its principal place of business at 2604B El Camino Real #178, Carlsbad, CA 92008, governing your access to and use of the website www.tippingnaturals.com (the "Site"), mobile applications, and any products, services, content, features, technologies, or functions offered on or through the Site (collectively, the "Services").
1.2 Binding Agreement
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SITE OR SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.
1.3 Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using the Site on behalf of a company, entity, or organization (collectively "Organization"), you represent and warrant that you are an authorized representative of that Organization with the authority to bind that Organization to these Terms. In such case, "you" and "your" will refer to both you as an individual and the Organization.
1.4 Additional Terms
These Terms incorporate by reference the following additional terms, which also govern your use of the Site:
- Our Privacy Policy, which governs our collection and use of your personal information.
- Our Return Policy, which governs the return, refund, and exchange of our products.
- Any additional terms and conditions that may apply to specific portions of the Site or to any products or services we offer, including promotions and product descriptions.
2. DEFINITIONS
"Content" means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data or communication available on or through the Site.
"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
"Products" means all natural skincare and wellness products offered for sale on the Site.
"Services" means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Tipping Naturals.
"User-Generated Content" means all Content that users submit, post, or transmit to, or publish or display on, the Site, including product reviews, comments, and social media content tagged with our name or hashtags.
"User," "you," and "your" refer to the individual or entity that accesses or uses the Site or Services.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
You may be required to create an account with us to access certain features of the Site. When you create an account, you must provide accurate, current, and complete information as prompted by the applicable registration form. You agree to promptly update your account information to keep it accurate, current, and complete.
3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account credentials or any other breach of security. You are responsible for all activities that occur under your account.
3.3 Account Termination
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.
4. PRODUCTS AND ORDERING
4.1 Product Availability
All Products and offers on the Site are subject to availability and may be withdrawn or amended at any time prior to our acceptance of your order. We reserve the right to limit the quantities of any Products that we offer, discontinue any Products at any time, and determine the prices of our Products.
4.2 Product Descriptions
We strive to display as accurately as possible the colors, features, specifications, and details of the Products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products.
4.3 AI-Generated Content
Some images and descriptions on our Site are generated using artificial intelligence technologies. These AI-generated materials are created by us or our affiliates. We do not guarantee that AI-generated content perfectly represents our Products in all aspects. The actual Product may vary from AI-generated representations.
4.4 Handmade and Natural Products
All of our Products are handmade in small batches using natural ingredients. Due to the handmade and natural characteristics of our Products:
- There may be slight variations between batches in terms of color, texture, scent, or consistency. These variations are natural and do not affect the quality or intended function of the Product.
- Our Products do not contain artificial preservatives and are therefore perishable. Products should be used within the recommended timeframe indicated on the packaging or product description.
- Natural ingredients may cause allergic reactions or skin irritation in some individuals. Users with known allergies or skin sensitivities should carefully review the ingredient list before using any Product.
4.5 Ordering Process
When you place an order through the Site, you are making an offer to purchase the Products under these Terms. Your order is accepted by us when we send you an email confirming that we have accepted your order or when we ship the Products to you, whichever is earlier. We reserve the right to refuse or cancel any order at any time prior to shipping.
4.6 Order Cancellation
You may request to cancel an order that has not yet shipped by contacting us immediately at 760-730-2744. While we process orders quickly, we will make every effort to accommodate cancellation requests. Orders that have already shipped cannot be canceled and are subject to our standard Return Policy.
5. PAYMENT TERMS
5.1 Prices and Taxes
All prices on the Site are in U.S. dollars and do not include taxes, shipping, or handling fees unless expressly stated. Applicable taxes, shipping, and handling fees will be added to your total order amount at checkout. We reserve the right to change prices for Products displayed on the Site at any time.
5.2 Payment Methods
We accept various payment methods as indicated on the Site. By providing a payment method, you represent and warrant that:
- You are legally authorized to use the payment method provided;
- The payment information you supply is true, correct, and complete; and
- You will update your account information as necessary to maintain its accuracy.
5.3 Authorization to Charge
By providing your payment information, you authorize us (or our third-party payment processor) to charge the applicable fees, taxes, and shipping costs to that payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.
5.4 Subscriptions and Recurring Payments
If you sign up for a subscription service, you authorize us to charge your payment method on a recurring basis in accordance with your subscription terms. You may cancel your subscription at any time by contacting us at office@tippingnaturals.com or through your account settings, if available. If you cancel, you may continue to access your subscription benefits until the end of your then-current billing period, and you will not receive a refund or credit for any remaining days in your then-current billing period.
5.5 Payment Disputes
If you dispute any charges, you must contact us within thirty (30) days after the date of the disputed charge. We reserve the right to bill your payment method for any Products purchased, even after your initial payment method was declined, rejected, or expired.
6. SHIPPING AND DELIVERY
6.1 Shipping Methods and Costs
We offer various shipping methods as described on the Site. Shipping costs depend on the shipping method selected, the shipping address, and the size and weight of the order. Shipping costs will be displayed during checkout before you complete your order.
6.2 Delivery Times
Any delivery dates or times provided by Tipping Naturals are estimates only. We are not responsible for any delays in shipping or delivery, including delays caused by customs processing, weather conditions, carrier delays, or other circumstances beyond our control.
6.3 Risk of Loss
Risk of loss and title for Products purchased from the Site pass to you upon delivery of the Products to the carrier. It is your responsibility to file any claims with carriers for damaged and/or lost shipments.
6.4 Shipping Restrictions
We currently only ship to addresses within the United States. We may refuse to ship to certain addresses for various reasons, including compliance with trade sanctions, export controls, or other legal restrictions.
6.5 Perishable Products
Due to the perishable nature of our Products, we take special care in packaging to ensure they remain in good condition during transit. However, we cannot guarantee that Products will not be affected by extreme weather conditions during shipping. By placing an order, you acknowledge and accept this risk.
6.6 Inspection Upon Delivery
You should inspect all Products upon receipt and report any damage immediately as outlined in our Return Policy. Once a Product has been opened, it is no longer eligible for return due to the perishable nature of our Products, unless damaged in transit or defective.
7. RETURN AND REFUND POLICY
7.1 Perishable Products
Due to the nature of our Products, which are handmade, natural, and contain no preservatives, we have a strict return policy:
- Once a Product's safety seal has been broken, we cannot accept the Product for return due to safety, health, and quality concerns.
- Unopened Products with the safety seal intact may be eligible for return within 14 days of receipt, subject to the conditions below.
7.2 Acceptable Returns
We may accept returns under the following circumstances:
a) Damaged in Transit: If a Product arrives damaged during shipping (with the safety seal intact), please contact us within 48 hours of receipt with:
- Your order number
- Photos of the damaged Product and packaging
- A description of the damage
We will evaluate the claim and may offer a replacement or refund at our discretion.
b) Incorrect Items: If you receive an incorrect item (with the safety seal intact), please contact us within 48 hours of receipt with:
- Your order number
- Photos of the incorrect item received
- Details of what you ordered versus what you received
We will arrange for the return of the incorrect item and shipment of the correct item, or provide a refund at our discretion.
7.3 Return Process
Before returning any Product, you must contact us at 760-730-2744 or office@tippingnaturals.com to obtain a Return Merchandise Authorization (RMA) number. Returns without an RMA number will not be accepted.
All returned Products must be:
- In their original packaging
- Unopened with safety seal intact
- In the exact condition they were shipped in
- Accompanied by the original receipt or proof of purchase
7.4 Refund Processing
For eligible returns, refunds will be issued to the original payment method used for the purchase. Refunds typically process within 5-7 business days after we receive and inspect the returned Product. Depending on your payment provider, it may take additional time for the refund to appear in your account.
7.5 Return Shipping Costs
For eligible returns, you are responsible for return shipping costs unless the return is due to our error (wrong item shipped or Product damaged in transit).
7.6 Non-Returnable Items
The following items are non-returnable under any circumstances:
- Products with a broken or missing safety seal
- Products that have been used or opened
- Products not in their original packaging
- Products purchased more than 14 days prior
- Products marked as final sale or clearance
7.7 Allergic Reactions
Due to the natural ingredients in our Products, allergic reactions are possible, even if you have not experienced allergies previously. If you experience an adverse reaction:
- Discontinue use immediately
- Seek medical attention if necessary
- Contact us with details of your reaction
While we do not accept returns on opened Products, we take allergic reactions seriously and will work with you on a case-by-case basis.
8. PRODUCT DISCLAIMERS
8.1 Third-Party Suppliers
Our Products contain ingredients sourced from third-party suppliers. While we strive to source the highest quality ingredients, we have limited control over the raw materials we receive. We conduct our own quality checks, but variations in natural ingredients are inherent and expected. We make no guarantees regarding the quality, purity, or efficacy of ingredients supplied by third parties.
8.2 No Health Claims
Tipping Naturals does not make any claims regarding the health benefits of our Products. Any Product descriptions or information provided on our Site, including information about ingredients, are for informational purposes only and not intended to diagnose, treat, cure, or prevent any disease. Our Products have not been evaluated by the Food and Drug Administration (FDA).
8.3 Product Storage and Handling
Proper storage and handling of our Products are essential to maintain their quality and efficacy. Users should follow all storage instructions provided with the Product or on our Site. We are not responsible for any deterioration in Product quality or efficacy resulting from improper storage or handling.
8.4 Use-By Dates
All our Products have a recommended use-by date. Products that have expired should not be used and are not eligible for return or refund. We recommend using our Products within the timeframe indicated on the packaging or Product description.
8.5 Patch Testing
Due to the natural ingredients in our Products, we strongly recommend that all users conduct a patch test before full application of any Product. To perform a patch test:
- Apply a small amount of the Product to a small area of skin (e.g., inside of the wrist or behind the ear)
- Wait 24 hours to observe if any reaction occurs
- If irritation, redness, itching, or other adverse reactions occur, discontinue use immediately
We are not responsible for any adverse reactions resulting from failure to conduct a patch test.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership of Content
All Content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tipping Naturals or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
9.2 Trademarks
The Tipping Naturals name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tipping Naturals or its affiliates or licensors. You may not use such marks without the prior written permission of Tipping Naturals. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
9.3 Limited License
Subject to your compliance with these Terms, Tipping Naturals grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and its Content. This license does not include:
- Any resale or commercial use of the Site or its Content
- Any collection and use of any Product listings, descriptions, or prices
- Any derivative use of the Site or its Content
- Any downloading or copying of account information for the benefit of another merchant
- Any use of data mining, robots, or similar data gathering and extraction tools
9.4 AI-Generated Content Rights
Images and content on our Site that are generated using artificial intelligence technologies are owned by Tipping Naturals. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any AI-generated content from our Site without our express prior written consent.
9.5 Copyright Infringement
If you believe that any Content on the Site infringes upon your copyright, please notify us by providing the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Your contact information, including your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Notices of copyright infringement should be sent to:
Tipping Naturals, Inc. 2604B El Camino Real #178 Carlsbad, CA 92008 Email: office@tippingnaturals.com
10. USER CONDUCT AND RESTRICTIONS
10.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
a) Violating Laws: Violating any applicable laws, regulations, or third-party rights.
b) Impersonation: Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
c) Interference: Interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
d) Harmful Code: Uploading, posting, emailing, transmitting, or otherwise making available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
e) Data Mining: Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
f) Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Site or any part thereof.
g) Commercial Use: Using the Site or its Content for any commercial purpose without our express written consent.
h) Framing: Framing or linking to the Site without our express written permission.
i) Unsolicited Communications: Sending unsolicited email advertisements or other solicitations or collecting user information for the purpose of sending unsolicited communications.
j) Harmful Use: Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site.
10.2 Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User-Generated Content for any or no reason
- Take any action with respect to any User-Generated Content that we deem necessary or appropriate
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site
- Terminate or suspend your access to all or part of the Site for any violation of these Terms
10.3 No Monitoring Obligation
We have no obligation to monitor the Site or screen User-Generated Content. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party.
11. USER-GENERATED CONTENT
11.1 Submission of Content
By submitting Content to our Site (including but not limited to product reviews, comments, and social media posts tagged with our name or hashtags), you grant Tipping Naturals a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in any media.
11.2 Representation and Warranty
You represent and warrant that:
- You own or control all rights in and to the Content you submit
- The Content is accurate and not misleading
- The Content does not violate these Terms, applicable law, or the rights of any third party
- The Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- The Content does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- The Content does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors
- The Content does not include any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
- The Content does not impersonate any person or misrepresent your identity or affiliation with any person or organization
- The Content does not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising
11.3 Content Standards
All User-Generated Content must comply with applicable legal standards and these Terms. We reserve the right to remove any User-Generated Content that, in our sole judgment, violates these standards.
11.4 Product Reviews
We encourage honest feedback about our Products through product reviews. However, we prohibit:
- False or misleading reviews
- Reviews created by or on behalf of a competitor
- Reviews that contain offensive or inappropriate content
- Reviews that disclose Personal Information about yourself or others
- Reviews that contain health claims or medical advice
We reserve the right to remove any product review at our sole discretion.
12. THIRD-PARTY WEBSITES AND CONTENT
12.1 Links to Third-Party Websites
The Site may contain links to third-party websites and services. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policy of each third-party website that you visit.
12.2 Third-Party Content
Certain content, products, and services available via the Site may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials and shall not be liable for any third-party materials posted on the Site or for any other materials, products, or services of third parties.
12.3 Social Media Platforms
The Site may include features that operate in conjunction with certain third-party social media platforms. We are not responsible for the collection and use of your information by social media platforms, which is governed by the privacy policies and terms of the relevant social media platforms you use.
12.4 Third-Party Payment Processors
We use third-party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any credit card information or other financial information. Rather, all such information is provided directly to our third-party payment processors. The use of your Personal Information by our payment processors is governed by their privacy policies.
13. DISCLAIMER OF WARRANTIES
13.1 General Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, TIPPING NATURALS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "TIPPING NATURALS PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, ITS CONTENT, OR THE PRODUCTS, AND SPECIFICALLY DISCLAIM, ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
13.2 "As Is" and "As Available"
YOUR USE OF THE SITE, ITS CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIPPING NATURALS NOR ANY PERSON ASSOCIATED WITH TIPPING NATURALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, ITS CONTENT, OR THE PRODUCTS.
13.3 Product Warranties
WITHOUT LIMITING THE FOREGOING, TIPPING NATURALS DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. TIPPING NATURALS MAKES NO GUARANTEES REGARDING THE EFFECTIVENESS, SAFETY, OR SUITABILITY OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE.
13.4 No Health Claims
TIPPING NATURALS DOES NOT MAKE ANY CLAIMS REGARDING THE HEALTH BENEFITS OF OUR PRODUCTS. OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
13.5 Third-Party Suppliers
TIPPING NATURALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY, PURITY, OR EFFICACY OF INGREDIENTS SUPPLIED BY THIRD PARTIES.
14. LIMITATION OF LIABILITY
14.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TIPPING NATURALS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO:
- YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ANY LINKED WEBSITES, OR ANY CONTENT ON THE SITE OR SUCH LINKED WEBSITES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- ANY PRODUCTS PURCHASED OR OBTAINED FROM THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE OR THE PRODUCTS.
14.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TIPPING NATURALS PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM, OR (B) $100.
14.3 No Liability for Third-Party Actions
TIPPING NATURALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE PRODUCTS;
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR
- ACTIONS OF THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS.
14.4 Allergic Reactions and Skin Irritations
TIPPING NATURALS SHALL NOT BE LIABLE FOR ANY ALLERGIC REACTIONS, SKIN IRRITATIONS, OR OTHER ADVERSE EFFECTS RESULTING FROM THE USE OF OUR PRODUCTS. USERS WITH KNOWN ALLERGIES OR SKIN SENSITIVITIES SHOULD CAREFULLY REVIEW THE INGREDIENT LIST AND CONDUCT A PATCH TEST BEFORE USING ANY PRODUCT.
14.5 Basis of the Bargain
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TIPPING NATURALS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Tipping Naturals Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Site or Products;
- Your User-Generated Content;
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
- Any claim that your User-Generated Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Site.
16. DISPUTE RESOLUTION
16.1 Governing Law
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
16.2 Jurisdiction and Venue
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Diego County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16.3 Arbitration Agreement
At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
16.4 Waiver of Jury Trial
YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE.
16.5 Class Action Waiver
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR TIPPING NATURALS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
16.6 Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. TERMINATION
17.1 Termination by Tipping Naturals
We may terminate or suspend your account and your right to use the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.
17.2 Termination by You
You may terminate these Terms at any time by discontinuing use of the Site and canceling any accounts you have created through the Site.
17.3 Effect of Termination
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
18. CHANGES TO TERMS
18.1 Updates to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
18.2 Your Continued Use
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
18.3 Material Changes
We will try to provide reasonable notice prior to any material changes to these Terms becoming effective, including, at our discretion, through notification on the Site or via email to the address associated with your account (if applicable).
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, our Privacy Policy, and any other terms and conditions referenced herein constitute the sole and entire agreement between you and Tipping Naturals regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
19.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19.3 No Waiver
No waiver by Tipping Naturals of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tipping Naturals to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19.4 Force Majeure
Tipping Naturals shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Tipping Naturals including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
19.5 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Tipping Naturals' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Tipping Naturals may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
19.6 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Tipping Naturals.
19.7 Notices
All notices given by you to us must be in writing and sent to our address at 2604B El Camino Real #178, Carlsbad, CA 92008 or office@tippingnaturals.com. We may give notice to you by posting a notice on the Site or by sending an email to the address you provide to us. Notice will be deemed received and properly served 24 hours after an email is sent or a notice is posted on the Site.
19.8 Interpretation
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Words importing the singular shall include the plural and vice versa. A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
20. CALIFORNIA RESIDENTS
20.1 California Consumer Rights
If you are a California resident, you may have certain additional rights regarding your Personal Information under the California Consumer Privacy Act ("CCPA") and other California privacy laws. Please see our Privacy Policy for more information on these rights and how to exercise them.
20.2 California Proposition 65
WARNING: Some products sold on this Site contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
20.3 California Transparency in Supply Chains Act
Under the California Transparency in Supply Chains Act of 2010 (SB 657), Tipping Naturals is required to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale. Tipping Naturals has a zero-tolerance policy for slavery and human trafficking. We are committed to ensuring that our supply chain reflects our values and respect for human rights.
21. INTERNATIONAL USERS
21.1 Export Restrictions
The Site and Products are based in the United States and are subject to U.S. export controls. By accessing or using the Site or purchasing Products, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
21.2 Compliance with Local Laws
If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We make no representation that the Site or Products are appropriate or available for use in locations outside the United States.
21.3 Language
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail to the extent of any inconsistency.
22. CONTACT INFORMATION
Questions or comments about the Site or these Terms may be directed to Tipping Naturals at:
Tipping Naturals, Inc. 2604B El Camino Real #178 Carlsbad, CA 92008 Phone: 760-730-2744 Email: office@tippingnaturals.com
BY USING THE SITE OR PURCHASING PRODUCTS FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.