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AMBI PRETTY BIZNEZ LLC

TERMS AND CONDITIONS

 

Welcome to Ambi PRETTY BIZNEZ LLC. The use of this site or any other site owned or maintained by Ambi Pretty Biznez LLC, a limited liability company organized and existing under the laws of the State of Georgia (“Company”), is governed by the policies, terms and conditions set forth below. PLEASE READ THEM CAREFULLY. YOUR USE OF THIS SITE, OR YOUR PLACEMENT OF AN ORDER ON THIS SITE, SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR

OTHERWISE USE THE SITE.  

 

  1. Eligibility. You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If Company believes or suspects that your information is not true, accurate, current or complete, Company may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.

 

  1. Privacy & Security; Disclosure. Company’s privacy policy may be viewed at https://prettybiznez.com/pages/privacy-policy. Company reserves the right to modify its privacy policy in its reasonable discretion from time-to-time. Company’s Privacy Policy covers Company’s treatment of personally identifiable information that the Company may collect when you are on the website. This Privacy Policy does not apply to the practices of companies that the Company does not own or control, or to people that the Company does not employ or manage. The Company may collect personally identifiable information when you visit the Company’s web pages. When you place an order on the Company’s website, the Company asks for your name, email address, mailing address, zip code, and credit card information. The Company also automatically receives and records information on the Company’s server logs from Licensee’s browser including your IP address, cookie information, and the page you requested.

 

  1. Information Sharing and Disclosure. The Company will not sell or rent your personally identifiable information to any third party. The Company will send personally identifiable information about you to other companies or third parties only when: 1) The Company has your consent to share the information; 2) The Company needs to share your information to provide the product or service you have requested; and/or, 3) The Company responds to subpoenas, court orders, or legal process.

 

  1. User Content. Company welcomes user comments, information and In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to Company’s Privacy Policy, all User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that Company, its affiliates and its licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to Company for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

 

Company cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. Company and its affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.

  1. Review of Submissions. Company has no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that Company may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. Company and its designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. Company and its designees also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect Company’s rights, property or safety, users of the Site and the public.

 

  1. User Conduct. By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.

 

By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c) upload, post, e-mail, or otherwise transmit any User Content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (e) obtain unauthorized access to any system, data, password or other information; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (l) submit any person’s identification documents or sensitive financial information; or (m) breaches the Privacy Policy. Violation of any of the foregoing may result in immediate termination of your license to access or use the Site, and may subject you to state and federal penalties and other legal consequences.

Company reserves the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms and Conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.

  1. No Endorsement. Company does not control the User Content posted on the Site and, as such, Company makes no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. Company does not determine whether User Content violates the rights of others, and Company has no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and Company does not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.

 

  1. Our Right to Use User Content. You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed nonproprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to Company including User Content, whether solicited or unsolicited, you grant Company and its designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. Company and its designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. Company and its designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with Company’s Privacy Policy.

 

  1. Payment Methods. The Company accepts the following credit and debit cards including: a) Visa; b) MasterCard; c) American Express; and, d) PayPal. When placing an order online, you will need: a) The address the card’s statement is sent to (billing address); b) The card number and expiration date; and, c) The 3 or 4-digit code found only on the card (CVV2 code).

 

  1. Shipping Policies. Most orders will be shipped within 2-7 business days. Buyer is responsible for all shipping and freight charges, whereby default delivery terms are DAP (Delivery at Place). Buyer shall allow up to 2 weeks for standard shipping delivery to arrive, unless Buyer has chosen an alternate shipping method, and up to 3 business days for order processing.  If Buyer has not received the purchase after 2 weeks, Buyer shall notify Seller at info@prettybiznez.com. Buyer shall receive an email from apbcustomersatisfaction@gmail.com  when Buyer’s order has been confirmed.  Orders received prior to 4:00 PM (Eastern Standard Time) shall be processed the next day. Next day shipping orders must be submitted by 4:00 PM. Inventory, and thus shipment, might fluctuate with respect to seasonal items.  Seller will normally ship orders with S. Postal Service (USPS). Seller shall not be responsible for shipping delays caused by a carrier.  In addition, shipping charges may be billed separately on credit card orders and items that were ordered together may ship separately.  Buyer shall notify Seller at the time of purchase if Buyer intends that a signature be required for residential deliveries.  Seller shall not be liable for any lost or stolen goods that are delivered to a residence where Buyer has not required such signature.

 

  1. Calculating Shipping Costs. Company calculates shipping costs using industry standards. Buyer is encouraged to contact Seller at info@prettybiznez.com regarding any questions about the calculation of shipping costs.

 

  1. Delivery Confirmation. Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

 

  1. Return and Cancellation Policy. Due to the expensive value of our products’ ingredients, Company does not provide any returns, exchanges, cancellations, or refunds.

 

  1. Product Availability. All orders are subject to availability. Although availability may be indicated on Seller’s Website, Seller does not guarantee product availability. In addition, Seller does not guarantee immediate delivery of available products. Seller reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. In the event of any such revision, discontinuance, or cessation, Seller may, in its sole discretion, ship products of substantially similar functionality and specifications with respect to the products ordered or decide to cancel Buyer’s order.

 

  1. Prices; Prohibition on Reselling. All prices are subject to change without notice. All merchandise shall be shipped at the prices in effect at the time of shipping. The prices displayed on the Website shall be quoted in U.S. Dollars and shall be valid and effective only in the United States. You may not purchase any item from this site for resale by you or any other person.

 

  1. Promotional Codes, Coupons, and Discounts. Discounts may not be combined with any other promotional offer at the time of redemption, nor may they be applied to previous purchases or gift certificates. Discounts shall not apply to tax, shipping and handling, or similar processing charges. Original discount amounts shall be deducted from the value of all returned items that Buyer purchased with a discount at the time of purchase, such as promotional codes, coupons, etc.

 

  1. Chargeback Policy. All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on prettybiznez.com. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and Company will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on www.prettybiznez.com, please contact us for immediate resolution.

 

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $250 (TWO HUNDRED FIFTY U.S. DOLLARS) BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

 

  1. Third Party Interactions. During use of the Company Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Website. Company provides these links to you only as a matter of convenience, and in no event, shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

 

  1. Ordering Disclaimer. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. The Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, and notify the card holder and the proper authorities.

 

  1. Product Disclaimers; Disclaimers of Warranty. COMPANY MAKES NO

REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SIZE, COLOR, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE.

COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,

SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL

PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.

 

  1. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S

AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY

AND/OR DUE FROM YOU GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING

OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY

CONTENT      OBTAINED      FROM      OR      THROUGH      THE      SITE,        ANY

INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

  1. Notice. The Company may give notice by means of a general notice on the prettybiznez.com, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by first class mail or pre-paid post) or 24 hours after sending (if sent by e-mail). You may give notice to Company (such notice shall be deemed given when received by Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at the following address: P.O Box 827, Grayson, GA, 30017, USA. Confirmation or acknowledgement of delivery shall be provided by you.

 

  1. Modification to Terms. Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the prettybiznez.com. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

 

  1. Intellectual Property Rights. Nothing herein shall grant you any rights in the Company’s products or any intellectual property rights associated therewith. All pages within this Website and any material made available for download are the property of Ambi Pretty Biznez LLC and/or its affiliates. The website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Ambi Pretty Biznez LLC for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable agreements.

 

  1. No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to Ambi Pretty Biznez LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

  1. Inaccuracy Disclaimer. From time to time there may be information on the Website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Seller reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice, including instances in which the submission of Buyer’s order occurred prior to such correction, change, or update.

 

  1. Force Majeure. Neither Buyer nor Seller shall be liable to the other for delays in performance of their obligations hereunder if such delays were caused by acts of God, war, government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrences beyond the parties’ control, and which would render it impossible, illegal, or commercially impracticable for one or both parties to perform their obligations under these Terms and Conditions, in whole or in part.

 

  1. General. This Agreement shall be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Georgia. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this Website. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. The paragraph headings and captions of the Agreement are included merely for convenience of reference and are not to be considered part of, or to be used in interpreting the Agreement and in no way limit or affect any of the contents of the Agreement or its provisions.

 

  1. Arbitration. By using this Site, you agree that Company at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Company; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.

 

  1. Definitions. As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the prettybiznez.com, and any materials available on the Company Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Company from time-to-time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the subscription form or the date you begin purchasing products from this site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Company” means collectively Ambi Pretty Biznez LLC, a corporation organized and existing under the laws of the State of Georgia doing business through “www.prettybiznez.com”, together with its officers, directors, managers, members, employees, agents and affiliated companies.

 

  1. Questions or Additional Information. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@prettybiznez.com.