Terms & Conditions
Disclaimer
Products sold by Crystal Tyche, Inc. are specially designed to enhance the user’s own energy. Our jewelry and healing crystals are empowered by the user’s own personal intentions to change or improve themselves. As an energy enhancer, Crystal Tyche, Inc. products rely on the user to be effective. The responsibility for empowering the energy-enhancing capability of the jewelry and crystals by Crystal Tyche, Inc. is solely with the user. Therefore, Crystal Tyche, Inc. products do not constitute a warranty, guarantee, or prediction regarding the outcome of an individual using any specific product. While all our products are sold and advertised in good faith, results and outcomes do vary and cannot be guaranteed. Crystal Tyche, Inc. accepts no responsibility or liability for the effectiveness of the products sold herein.
We, at Crystal Tyche, are not doctors and cannot give out medical advice. Healing crystals should be used as a complement to other therapies and not as a replacement for medical treatment, diagnosis, or examination. For medical advice, please consult a licensed healthcare specialist.
When you purchase and/or use a Crystal Tyche product, you agree to fully release, indemnify, and hold harmless, Crystal Tyche, its principals, owners, personal representatives, consultants, employees, and assigns from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the Products sold on this website. If any court of law rules that any part of the Disclaimer is invalid, the Disclaimer stands as if those parts were struck out.
We at Crystal Tyche have your best intentions at heart. We sincerely hope that each of our users has a positive and insightful experience with our Products. If you have any questions regarding the above, please do not hesitate to reach out.
FOR BATH & BEAUTY PRODUCTS
Seller and manufacturer are not responsible for misuse nor shall Crystal Tyche Inc. or its affiliates be held responsible for any injuries, damages, or losses resulting from the use of Crystal Tyche’s products. The purchase of Crystal Tyche’s products signifies your acceptance of this statement and releases Crystal Tyche and its affiliates from all liability.
Crystal Tyche makes no claim to treat or cure any type of illness or health condition with these products. DO NOT USE HERBS AND OILS WHILE PREGNANT OR ON CHILDREN AND PETS WITHOUT CONSULTING YOUR DOCTOR OR HOLISTIC PRACTITIONER.
All products sold at Crystal Tyche are created and charged with specific intentions, spiritual energies, and planetary alignments. However, please keep in mind they do not “promise” desired results~ We cannot guarantee that Crystal Tyche products will provide you with any desired outcome.
GENERAL SAFETY INFORMATION: DO NOT take Essential oils internally. Do not apply undiluted essential oils, absolutes, CO2s, or other concentrated essences onto the skin. If you are pregnant, epileptic, have liver damage, have cancer, or have any other medical condition, use essential oils only under the proper guidance of your Doctor or Naturopathic Doctor. DO NOT USE THESE BLENDS ON BABIES, CHILDREN, or PETS WITHOUT CONSULTING YOUR DOCTOR OR HOLISTIC PRACTITIONER. Only use Oils on your Children or Pets that are listed as safe for them. A skin patch test should be conducted prior to using an essential oil that you’ve never used before.
Although we try our utmost to provide useful and accurate information, you are responsible for researching and verifying information before relying on it. The information we provide is not intended to be a substitute for medical treatment or provide medical diagnosis. You are responsible for consulting a medical professional or other licensed healthcare professional before trying any new product purchased on crystaltyche.com or any related Crystal Tyche materials.
Crystal Tyche is NOT responsible for misuse or adverse reactions of the products sold through this website (crystaltyche.com), Essential oil blends, fragrance blends, or Herbs.
IMPORTANT – READ CAREFULLY: These Terms of Use (“Terms”) are a legally binding agreement between you (“User”) and Crystal Tyche, a Shanghai corporation for the use of this Website (the “Website”), including the purchase of merchandise and services advertised on this Website (“Order” or “Orders”). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by Crystal Tyche, and all applicable laws and regulations.{‘ ‘} BY ACCESSING OR USING THIS WEBSITE OR PLACING AN ORDER, THE USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE
General
- This Website provides information about Crystal Tycheand its merchandise and services and facilitates the purchase of such merchandise and services. All merchandise advertised on this Website is available for delivery throughout the World. Use of this Website is limited to legitimate purposes. Crystal Tyche may, from time to time, introduce new features to this Website, or modify or delete existing features, at its sole discretion. Crystal Tyche shall notify the User of any of these changes to features to the extent Crystal Tyche is required by law to do so. By using any new or modified features when they become available, the User agrees to be bound by these Terms concerning such features.
- Any access or attempted access of other areas of Crystal Tyche’s computer systems or other information contained therein for any purpose is strictly prohibited. User agrees not to interfere in any way with others’ use of or access to this Website or to take any action that imposes an unreasonable or unusually large load on this Website. Crystal Tychereserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials, regulators, or other appropriate third parties.
- Crystal Tychehas the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to User’s access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If the User disagrees with the changes to these Terms, the User should discontinue the User’s use of this Website. Any access to or use of this Website after posting of modifications or additions to these Terms shall constitute and be deemed to be such User’s agreement to such modified Terms. {‘ ‘} Crystal Tyche RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE ITS ORDERING AND BILLING PROCEDURES EFFECTIVE UPON POSTING SUCH CHANGES ON THIS WEBSITE.
- Crystal Tychehas the right to modify, suspend, or discontinue, temporarily or permanently, this Website, any merchandise or services advertised by Crystal Tyche through this Website, or any User’s right to access or use any portion of this Website, in Crystal Tyche’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by User (or other party) to gain unauthorized access to this Website or assist others in attempting to do so, (2) User (or other party) disabling any security features on this Website, (3) User’s violation of these Terms, (4) failure of User to pay for merchandise or services ordered hereunder or any related charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of the User incurred prior to the termination date shall survive the termination of these Terms for all purposes.{‘ ‘} {‘ ‘} USER ACKNOWLEDGES AND AGREES THAT Crystal Tyche SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR ANY MERCHANDISE OR SERVICES ADVERTISED ON THIS WEBSITE OR ORDERED BY USER THROUGH THIS WEBSITE.
Orders
- To purchase any merchandise and/or services on this Website, the User must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions. Prior to the purchase of any merchandise or services on this Website, User must provide a valid credit card number (or other payment method acceptable to Crystal Tyche) and related payment information, including all of the following: (i) User’s name exactly as it appears on the credit card, (ii) User’s credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge User’s credit card. By submitting that information, the User hereby authorizes Crystal Tycheto to charge the User’s credit card for such purchases. The risk of loss and title for all merchandise ordered on this Website passes to the User when the merchandise is delivered to the shipping carrier.
- USER REPRESENTS AND WARRANTS TO Crystal TycheTHAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS. {‘ ‘} By ordering merchandise or services on this Website, User shall be deemed to have ordered the specified merchandise and/or services from Crystal Tyche pursuant to these Terms. The acceptance and fulfillment by Crystal Tyche of any Order placed on this Website is subject to the User’s acceptance of and compliance with all of these Terms. User accepts these Terms by placing an Order through this Website or by receiving delivery of any merchandise ordered by User from this Website. All other contrary terms and conditions are hereby rejected by Crystal Tyche, and no addition or modification to these Terms shall be binding unless specifically agreed to in writing by Crystal Tyche. Crystal Tyche shall not be deemed to have accepted User’s Order unless and until Crystal Tyche sends to User, through electronic means or other written communication, an acknowledgment that User’s Order has been received and accepted by Crystal Tyche, and will be fulfilled by Crystal Tyche. Crystal Tyche’s acceptance of any Order by User is made only with the express understanding that these Terms shall govern any Order placed by User.
- All prices for merchandise and services on this Website are quoted in U.S. currency. User shall be responsible for any tax or other governmental charge related to the sale, use, or delivery of the merchandise or services, including, but not limited to, sales tax, use tax, retailer’s occupational tax, and value-added tax. Crystal Tycheshall automatically charges User’s credit card and withholds the applicable tax for Orders to be delivered to addresses in any states, localities, or other jurisdictions that it deems required, however, Crystal Tyche’s failure to do so shall not relieve User of any liability for such taxes.
- Merchandise availability is subject to change at any time. Crystal Tychemakes no representations or warranties regarding the availability of merchandise in all areas. Crystal Tyche shall have the right to refuse or cancel any Orders for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. Crystal Tyche shall have the right to refuse or cancel any such orders whether or not the Order has been accepted by Crystal Tyche and/or the User’s credit card has been debited. If the User’s credit card has already been charged for the Order and the User’s Order is refused or canceled, Crystal Tyche shall promptly issue a credit to the User’s credit card account in the amount of the charge.
- All payments for Orders on this Website must be made by VISA, MasterCard, American Express, Discover, or Paypal. Except as may be expressly set forth on this Website, Crystal Tyche does not accept any other payment form. User’s credit card agreement with the issuer of such card shall govern User’s use of such credit card, and User must look only to that agreement and not to these Terms to determine User’s rights and obligations relating thereto. User agrees to pay all fees and charges, including taxes incurred in connection with User’s Orders, at the rates in effect when the charges were incurred. Unless User notifies Crystal Tyche of any discrepancies in charges for Orders placed through this Website within sixty (60) days after they first appear on User’s credit card statement, User agrees that such charges will be deemed accepted by User for all purposes hereunder. In the event Crystal Tyche does not receive payment from the User’s credit card issuer or its agent, the User shall pay all amounts due upon demand by Crystal Tyche. User shall remain responsible for any unauthorized charges to or Orders using User’s credit card including unauthorized use by a third party. If Crystal Tyche does not receive payments when they are due, then the User agrees to pay all amounts owed to Crystal Tyche upon demand by Crystal Tyche. If Crystal Tyche is unable to collect amounts owed on the User’s accounts, Crystal Tyche may refer those accounts to a collection agency, and the User will be responsible for all costs of collection.
- Policy for Return of Merchandise. By placing an Order on this Website, the User indicates that the User has read and agrees to Crystal Tyche’s Returns Policy. The Returns Policy may be changed from time to time and is effective immediately after Crystal Tyche posts such changes on this Website. In addition, when using particular services on this Website, User agrees that User is subject to any posted policies or rules applicable to any such services User uses through this Website, that may be posted on this Website from time to time. Any such posted policies or rules are hereby incorporated by reference into this Agreement as if fully set forth herein.
- In states where Crystal Tyche has no physical presence, Crystal Tyche is not required to collect and remit sales tax for merchandise and services purchased through the Website. However, many states require that their residents file a sales or use tax return for merchandise or services purchased online. User should consult User’s state and local tax laws to determine compliance with tax laws and regulations in User’s geographic area. In some states, Crystal Tyche collects and remits sales tax. For purchases where sales tax is applicable, the tax calculated will be reflected on the checkout page before the User is asked to confirm the purchase. Crystal Tyche uses commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Crystal Tyche does not guarantee the accuracy of the amount of the tax Crystal Tyche represents to the User as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes, or the application of certain taxes to categories of items advertised on this Website. As a result of any error, Crystal Tyche may over-collect or under-collect the tax. In consideration of Crystal Tyche allowing User access to and use of the Website, and in collecting and remitting taxes required on User’s purchases, User hereby waives its right to claim that the tax collected on any purchase is incorrect in any respect and agrees to hold harmless Crystal Tyche, its officers, directors, employees, agents and representatives (and those of its affiliates), for any harm or other damages User may incur as a result of Crystal Tyche’s error in calculating the taxes User on User’s purchases.
Website Use
- Users who wish to order certain merchandise or services using this Website or to access “My Account” are required to provide their email address to register on this Website. Crystal Tychemay accept or reject any Registration Agreement in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete, and current as of the date submitted and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. As part of the registration process, the User will select a username (“User Name”) and a password (“Password”) to access the User Name. The user’s User Name and Password are the User’s credentials to access this Website. User may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. Crystal Tyche also may reject any User Name that Crystal Tyche determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of its User Name and Password and will (i) promptly notify Crystal Tyche of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User’s account at the end of each session.
- By establishing a User Name with Crystal Tyche, and each time the User submits an Order through this Website, the User authorizes Crystal Tyche to contact the User at the User’s e-mail address. Users may stop receiving Crystal Tyche’s marketing e-mails by following the opt-out procedures set forth in such e-mails.
- The user is solely responsible for maintaining the security of its User Name and Password. User may not disclose its User Name or Password to any third party (other than third parties authorized by User to use User’s account) and is solely responsible for any use of or action taken under its User Name and Password on this Website. The user is responsible for changing its User Name and Password if either is compromised. User agrees that Crystal Tyche, in its sole discretion, may terminate User’s Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if Crystal Tyche believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User’s Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that Crystal Tyche may immediately deactivate or delete User’s account and all related information and files and/or bar any further access to such information and files. User agrees that Crystal Tyche shall not be liable to User or any third party for any termination of User’s access, as provided herein.
- Crystal Tychemay at its option, changes the parameters for passwords used to access this Website without prior notice to the User. If Crystal Tyche does so, the User will be prompted and will be required, to change its Password the next time the User accesses this Website under the User Name. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its User Name, Password, or other means of accessing User accounts on this Website. If the User discloses the User’s User Name and/or Password to any person(s) or entity, the User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User’s User Name, Password, or other means of accessing User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.
- Crystal Tychecannot and will not be liable for any loss or damage arising from the User’s failure to comply with the User’s obligations hereunder. Crystal Tyche reserves the right to suspend or terminate any User Name or Password upon notice to the User that it reasonably determines may have been used for an unauthorized purpose. Crystal Tyche will not be liable for any damage, injury, or other such loss that User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms.
- Users may use the records, documents, and information obtained through this Website only as necessary to use this Website’s services or to place an Order with Crystal Tyche. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of merchandise in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information or the facilities of Crystal Tyche that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.
- User agrees that, while using this Website, User will not: (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability under or otherwise violate any applicable law; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person’s rights of privacy or publicity; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; or (H) modify, delete or alter any information or Order placed by or on behalf of any other user.
- User agrees to comply with all applicable laws, statutes, and regulations regarding use of this Website, including ordering and/or purchasing merchandise and services. Crystal Tyche may reports fraudulent conduct to law enforcement authorities, and Crystal Tyche will cooperate with such authorities. Crystal Tyche reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect Crystal Tyche’s systems and customers, or to ensure the integrity and operation of Crystal Tyche’s business and systems, Crystal Tyche may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history, and posted content. The user agrees to comply with all local rules regarding online conduct and acceptable content. User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
- Crystal Tyche holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when Crystal Tyche believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of Crystal Tyche or others. Notwithstanding the foregoing, the User acknowledges and agrees that any information it enters on this Website may be viewed by any other user with access to the User’s Customer Number. Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to Crystal Tyche will not be considered confidential or proprietary. By providing any such information or materials to Crystal Tyche, the User grants to Crystal Tyche an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials. User further agrees that Crystal Tyche is free to use any ideas, concepts, or know-how that User, or individuals acting on User’s behalf, provides to Crystal Tyche. User hereby agrees that any comments, feedback, or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of Crystal Tyche.
- Privacy Policy. Registration data, and certain other information about the User, is subject to Crystal Tyche’s Privacy Policy. Crystal Tychedoes not sell, rent, or give personally identifiable information about Users to third parties, except to the extent specified in these Terms or in its Privacy Policy, User must disclose certain personally identifiable information to use this Website, register, and make purchases. As a condition of registering on this Website or making any purchases of any merchandise and/or services or conducting any transactions, User represents that User has first read Crystal Tyche’s Privacy Policy and consents to the collection, use, and disclosure of User’s Personally Identifiable Information and Non-Personally Identifiable Information as described in Crystal Tyche’s Privacy Policy. Crystal Tyche’s Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Website, using any features, or making any purchase, User agrees that User will first review Crystal Tyche’s Privacy Policy prior to making any initial or subsequent purchases.
- While Crystal Tychetakes reasonable steps to safeguard and to prevent unauthorized access to User’s personal information, Crystal Tyche cannot be responsible for the acts of those who gain unauthorized access, and Crystal Tyche makes no warranty, express, implied or otherwise, that Crystal Tyche will prevent unauthorized access to User’s private information.{‘ ‘} IN NO EVENT SHALL Crystal Tyche OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO USER’S PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Crystal Tyche WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Website Content
- The information and materials posted on this Website by Crystal Tyche or any other party may contain errors, omissions, or typographical errors or may be out of date. Crystal Tyche may change, delete, or update any information or materials posted by Crystal Tyche at any time, from time to time, without prior notice. The information and materials posted on this Website by Crystal Tyche are provided for informational purposes only and are not binding on Crystal Tyche in any way except as otherwise expressly agreed to in writing by Crystal Tyche.
- Crystal Tycheis not liable for content that is provided by others, if any. Crystal Tyche cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, Crystal Tyche reserves the right to monitor content on this Website and to remove content that Crystal Tyche, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of applicable law, these Terms, or the spirit of this Website. Crystal Tyche is not responsible for any failure or delay in removing such material. Crystal Tyche is not responsible for content made available on the Internet.
- Links and references on this Website to other Internet websites operated by third parties, if any, including Crystal Tyche’s corporate partners, do not constitute sponsorship, endorsement, or approval by Crystal Tyche of the content, policies, or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled, or maintained by Crystal Tyche, and Crystal Tyche is not responsible for the availability, content, policies, or practices of linked or referenced websites. Links and references to other websites are provided for the User’s convenience only, and the User accesses them at the User’s own risk.
DISCLAIMER OF WARRANTY: {‘ ‘} USER UNDERSTANDS AND AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK AND THAT THIS WEBSITE AND ALL INFORMATION, MERCHANDISE, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS,” WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, Crystal Tyche DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDED, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) Crystal Tyche MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR SONTENT, ACCURACY, COMPLETENESS OR TIMELINES OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) Crystal Tyche DOES NOT WARRANT TO REPRESENT THAT USER’S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE I, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER WIRUSES OR OTHER HARMFUL COMPONENTS; (III) Crystal Tyche DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANYTIME. AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICE; AND (IV) Crystal Tyche DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS, OR ANY OTHER ASPECT OF MERCHANDISE FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. USER ACKOWLEDGES AND AGREES THAT THE ONLY WARRANTIES ON ANY MERCHANDISE AVAILABLE ON THIS WEBSITE SHALL BE THE WARRANTIES INCLUDED WITH SUCH MERCHANDISE, IF ANY. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
LIMITATION ON LIALIABILITY: {‘ ‘} UNDER NO CIRCUMSTANCES WILL Crystal Tyche BE LIABLE TO USER OF ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMGES, WHETHER IN CONTRACT OR TORY, INCLUDING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Crystal Tyche IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER’S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR Crystal Tyche SHALL BE DISCONTINUE USE OF THIS WEBSITE. IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES Crystal Tyche (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
- Trademarks and Copyrights. Unless otherwise noted, the trademarks, logos, photography, brand names, and service marks used on this Website are owned by Crystal Tycheor by third parties that have licensed their use to Crystal Tyche. Users may print copies of the content of this Website, provided that these copies are made only for personal use and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in writing signed by Crystal Tyche, is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. Users shall not store electronically any significant portion of this Website.
- User agrees to defend, indemnify, and hold harmless Crystal Tyche, its corporate affiliates and partners, their affiliates and related entities, and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to User’s breach of these Terms or User’s access to or use of this Website and any transactions under User’s affected Customer Number, User Name and/or Password. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any merchandise or service provided to User arising out of or relating to User’s use of this Website.
Miscellaneous
- The terms “herein,” “hereof” and “hereunder” and other words of similar import refer to these Terms and any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, as a whole and not to any particular provision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of the same and any successor statutes and regulations.
- These Terms, together with any agreement into which these Terms are incorporated by reference, including, without limitation, any Registration Agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms may be waived only in writing signed by an authorized representative of Crystal Tyche. No waiver by Crystal Tycheof any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time.
- If any provision hereunder shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder. Crystal Tyche shall is not liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
- These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without Crystal Tyche’s prior express written consent. No right or remedy conferred upon or reserved to Crystal Tyche by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon Crystal Tyche by these Terms and by law shall be cumulative and in addition to any other right or remedy available to Crystal Tyche.
We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Website, and it also permits us to automate the access and data entry functions of this Website (e.g., login information), and to tailor the appearance or presentation of this Website to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Website unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Website, use or conduct a transaction through this Website, or identify yourself or the computer you are using through this Website.
We use cookies as a convenience feature to save you time, to understand how our Website is used, and to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience on our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Website). We may also use cookies to offer you or inform you of products, programs, or services and targeted advertising. You can opt to have your browser reject cookies.
Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser. [Crystal Tyche does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals.] Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Websites or use the full functionality of the Website, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Website. Your continued use of our Website reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Website.
You should also know that companies that advertise on our Website (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Website, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ use of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies.
FLASH COOKIES
We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Website. This permits us to display content based on what you view on our Website to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.
PIXEL TAGS, WEB BEACONS, CLEAR GIFS, AND OTHER SIMILAR TECHNOLOGIES
These are typically small pieces of data that are embedded in images on the Website, our Applications, or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use these technologies to compile the information we collect about you.
CLICKSTREAM DATA
As you use the Internet, a trail of electronic information is left on each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-personal Information to anonymously determine how much time visitors spend on each page of the Website, how visitors navigate throughout the Website, and how we may tailor our web pages to better meet the needs of visitors.
LOG FILES
We or our hosting provider may collect traffic information from visitors for statistical analysis and Website improvement. When you access the Websites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
INFORMATION OTHER WEBSITES COLLECT FROM YOU
Our Website may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you and may use and disclose that information in different ways than we would if it were collected on the Website. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information.
INFORMATION YOU VOLUNTARILY SUBMIT
We collect and store any information you enter on this Website or provide to Crystal Tyche in other contacts we have with you. Information is collected from visitors to this Website, including in the areas described below, as applicable. During the online ordering process, you can review, change, or delete personally identifiable information that you have submitted. You may change any of your personally identifiable information in your account online at any time. You may request to have the information on your account deleted or removed, although you cannot delete information associated with past purchases.
Contact Information – If you contact Crystal Tyche’s customer service representatives by telephone, e-mail, or letter, we may keep a record of your correspondence or comments. If you report a problem with this Website, we may collect such information in a file specific to you. If you contact Crystal Tyche through our feedback area or by calling one of our customer service representatives, we may ask for your name and e-mail address in order to send you a reply. If other users or third parties send Crystal Tyche correspondence about your activities or purchases on this Website, we may keep the information in a file specific to you.
Shopping and Website Registration – We collect IP addresses for the purposes of system administration, to gather broad demographic information, to report non-personally identifiable information to any of our advertisers, and to monitor the level of activity on this Website. We collect information from visitors to this Website regarding the URLs they came from, their IP addresses, domain types, the browser type used to come to this Website, the country, state, and telephone area code where their servers are located, the pages of this Website that visitors viewed during their visit, and any search terms entered on this Website.
Placing Orders – When you order from Crystal Tyche, we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, and password. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order, and to send you promotional materials.
Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use.
[Gift Certificates – If you purchase a gift certificate from this Website, you will give Crystal Tyche the recipient’s name, email address, and phone number for the recipient. The recipient information you give Crystal Tyche will only be used to send the gift certificate and for no other purpose.]
Online Surveys – In order to improve our services to you, we sometimes ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personally identifiable information is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.
Newsletters – From time to time, we may provide free newsletters and promotional e-mails as a service to our customers. We may periodically send you newsletters and e-mails listing current specials and deals. To stop receiving our newsletter, follow the instructions given in said newsletter.