Last updated: March 01, 2023
Introduction
Welcome to the Living Clay® Detox Clay Powder website (the “Site”) owned and operated by Living Clay (“Living Clay”, “we”, “us” and/or “our”). We make available clay products including bentonite and calcium montmorillonite clay products (the “Products”) for purchase on this Site.
Please read these Terms and Conditions carefully before using this Site or making any purchases. By accessing or using this Site and/or purchasing our Products, you agree to be legally bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, please do not use this Site.
We may modify these Terms and Conditions at any time, and such modifications will be effective immediately upon posting to this Site. We will make reasonable efforts to notify you of any significant changes, but it is your responsibility to periodically review these Terms and Conditions. Your continued use of this Site signifies your acceptance of the revised Terms and Conditions.
You must be at least 18 years old or of legal age to form a binding contract under applicable law to order Products from this Site. If you are under 18, you may only use this Site with involvement and consent of a parent or legal guardian.
Use of this Site
Subject to your compliance with these Terms and Conditions, Living Clay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use this Site solely in connection with your use of the Products offered on this Site. You may not copy, imitate, modify, alter, amend or otherwise make derivative works of the materials on this Site. This license grant does not include any right to: (a) resell or use this Site or the Products for commercial purposes of any kind, including advertising or advertising revenue generation; (b) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Living Clay without express written consent; (c) use any metatags or any other “hidden text” using our name or trademarks without the express written consent of Living Clay; or (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
In the event that we suffer any damage, loss or expense due to your violation of these Terms and Conditions or improper use of this Site or the Products, you agree to indemnify, defend and hold harmless Living Clay against any damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from any such claim or action by a third party.
We reserve the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Your access and use of the Site may be monitored by Living Clay and is subject to all applicable local, state, national, and international laws and regulations. Unauthorized use of the Site and systems including unauthorized entry into Living Clay’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.
Product Sales
The Products available for purchase on this Site are offered subject to availability. We reserve the right, with or without prior notice, to do any of the following: (1) limit the available quantity of or discontinue any Product; (2) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (3) bar any user from making any or all purchase(s); and (4) refuse to provide any user with any Product.
Pricing and Availability: The prices displayed on the Site are quoted in U.S. dollars. We make reasonable efforts to provide accurate pricing information, but pricing errors may occur. If the price of a Product listed on the Site is incorrect or an error, we may, at our discretion, either contact you to give you the option to purchase the Product at the correct price or cancel the order and notify you of such cancellation.
We reserve the right, in our sole discretion, to change prices for Products displayed on the Site at any time. We reserve the right to discontinue any Product at any time without notice. Prices for Products may differ from prices available through other sales channels.
Shipping and Handling: When you purchase Products on this Site, the price displayed includes standard shipping costs. Shipping and handling charges are calculated during checkout based on weight, order value, and other factors.
We generally process orders within 1-2 business days after we receive the order. Please note that we do not ship or deliver on weekends or holidays.
Taxes: You are responsible for all applicable taxes, governmental fees, duties, tariffs, levies, and charges on the Products purchased on this Site. We will calculate sales tax during checkout where applicable based on your shipping address and the Products being purchased.
Payments and Checkout: All transactions are processed through third-party payment gateways. We accept Visa, Mastercard, American Express, Discover, and PayPal. You represent and warrant that you are authorized to use the payment method you submit during checkout.
To complete your transaction, you must provide your name, billing address, shipping address, email address, phone number, and payment information (e.g., credit card number and expiration date). By placing an order on this Site, you consent to the collection and use of the information you submit for order processing purposes.
No Responsibility for Third Party Sites: This Site may contain links to websites maintained by third parties. The inclusion of links to such websites does not imply any endorsement, warranty, guarantee, or recommendation of those websites. We have no control over the legal documents and privacy practices of third party websites. You access such websites at your own risk.
Product Quality and Feedback
We stand behind the quality of the Products sold on this Site and want you to be satisfied with your purchase. However, we cannot guarantee your satisfaction with any Product, as each individual’s experience may vary.
If you are unsatisfied with a Product, please contact us within 30 days of receiving your order. In your message, please specify the reasons why you are unsatisfied and include any photos or videos documenting any defects. We will work with you to try to resolve any issues, which may include providing a refund or exchange.
Product Reviews: If you choose to submit content, reviews, feedback, or any other information regarding Products you have purchased on this Site (collectively, “Submissions”), you agree that such Submissions will not contain any offensive or illegal content and that you will only provide truthful information and opinions. By submitting any such content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submissions throughout the world in any media.
You grant Living Clay and its sublicensees the right to use the name submitted in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Submissions you provide; that the Submissions are accurate and not misleading or harmful in any manner; and that the Submissions do not infringe any intellectual property or other proprietary rights of third parties. You agree to waive any moral rights you may have in any Submissions you provide. We take no responsibility and assume no liability for any Submissions generated by users of this Site. However, we reserve the right to remove any Submissions from this Site at our discretion.
User Account Creation
In order to purchase Products on this Site, you may need to register and create an account. By creating an account, you agree to provide true, accurate, and complete registration information about yourself. It is your responsibility to keep such information updated.
You are fully responsible for all activities that occur under your username and password. You may not share your account or password with any other individual. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your login credentials.
Limitation of Liability
Living Clay shall not be liable for any lost profits or any special, incidental or consequential damages arising out of or in connection with your use of this site. Further, our aggregate liability arising out of this agreement or the site shall not exceed the aggregate dollar amount paid by you for any products purchased via the site.
Indemnification
You agree to defend, indemnify, and hold harmless Living Clay, its affiliates, contractors, officers, directors, employees, agents, third party information providers, licensors, and licensees from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including attorneys’ fees) arising out of (1) your use of this Site; (2) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (3) your violation of these Terms and Conditions; or (4) your violation of any rights of any other person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree you will cooperate with us in connection therewith.
Warranty Disclaimers
This site and all materials contained on it are provided on an ‘as is’ basis without warranties of any kind, either express or implied. Living Clay disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Living Clay makes no representations or warranties that use of this site will be timely, secure, uninterrupted or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this site is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from Living Clay or through this site shall create any warranty not expressly made herein.
Governing Law
These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Tennessee, without regard to its rules on conflicts of law. You expressly agree that the exclusive jurisdiction for any dispute with Living Clay, or in any way relating to your use of this Site, resides in the courts of the State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee located in Davidson County, Tennessee, and waive any claim of lack of personal jurisdiction or improper venue or forum non conveniens.
The failure of Living Clay to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision, and the other provisions remain in full force and effect.
Contact
Please direct any questions or concerns about these Terms and Conditions to us at:
Email: [email protected]
Phone: 1-800-257-3315
Mail:
Living Clay
3022 Ashley Circle
Palm Harbor, FL 34683