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 Terms of Use

 

Pomega, Inc. ("Pomega" or the "Company") offers a variety of products, some of which may be classified as cosmetics or dietary supplements. When a product is classified as a dietary product under FDA rules, the following notification shall apply and be stated on its label:

Disclaimer

Statements contained herein have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat and cure or prevent disease. Always consult with your professional health care provider before changing any medication.

In the case of a dietary supplement and in all cases affecting cosmetics products, the information provided by this site or our Company does not substitute for a face-to-face consultation with your physician, and should not be construed as individual medical advice.

This site does not offer medical advice, nor does it attempt to diagnose or treat, cure or prevent any medical condition.

You should carefully read all information provided on each product's label and follow the appropriate directions for use of said product.

Our products comply with FDA regulatory requirements for cosmetic products and / or food supplements packaging and labeling in the United States. Because the statements on this site and on the labels of the products have not been evaluated by the FDA, when in doubt, please contact our Customer Service department at (415) 451-8086 or toll free (888) 451-6086, or consult your physician. The actual list of ingredients is printed on each product's label or accompanying box.

Terms and Conditions of the Purchase

If you wish to make purchases of products described on the site, you may be asked to supply certain information including, but not limited to, credit card or other payment information. You understand that any such information will be treated by our Company in the manner described under its Privacy Policy. You agree that all such information that you provide will be accurate, complete, and current.

In particular, the following terms shall apply to your order:

General: You agree to pay the whole amount owed on your order at the time of placing such order, and you represent that you are the authorized user of the credit card used to place the order. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any shipping costs and applicable taxes relating to your purchases, and any and all collection and legal fees incurred by us in connection with your order.

The prices displayed on our site are in U.S. dollars and we reserve the right to change prices without notice.

Acceptance: We alone reserve the right to accept or reject any order for any product for any reason. Should your order be rejected for any reason at all, your credit card account will not be charged and you will be notified by email or phone regarding said rejection. Terms and conditions of acceptance may be changed at any time without prior notice, and they apply to all orders: Internet, facsimile, phone order, catalogues, or mail order.

Quality: All of our skin care products are prepared by certified labs using the finest quality control and ingredients. We produce our products from raw materials purchased from the most reputable sources to ensure freshness. While we do not expect that any product delivered to you will be of lesser quality, we will ship a new product to you should the unexpected happen, in which case, we will rely on your advising us on the place of purchase to ensure quality control over our manufacturing and distribution channels.

Note that the shelf life of the products is 18-24 months and that opened bottles and jars should be stored in cool, dry places below 75° F.

Your attention is directed to all other provisions of the "Term of Use" page, and in particular, to the "Product Disclaimer," "Warranty Disclaimer," and "Indemnification" herein.

Warranty Disclaimer

The content of this site is provided "as is" and without warranties of any kind, either express or implied. All products sold through the site are sold "as is" and without warranties of any kind, express or implied.

To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied for any of the products, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. The Company does not warrant or represent that the content on the site, whether prepared by the Company or by third parties, is accurate or reliable, that the site will be free of errors or viruses or that your access to and use of the site will be uninterrupted or secure. You understand that any warranties provided in connection with any third party products described on the site are provided solely by the third party and not by the Company. Your sole remedy for dissatisfaction with the site is to stop using the site. You acknowledge by your use of the site that your use of the site is at your sole risk. The Company is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with the site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages.

In no event shall The Company's liability to a user exceed the amount paid by the user for accessing the site or for the purchase of products sold thereon.

Intellectual Property Rights

This site and all materials contained on this site, including but not limited to images, text, photographs, designs, icons, and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of the Company, and / or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this site, you will need written permission from the Company. The trademarks and logos used and displayed on this site are trademarks of the Company and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of the trademark owner. Users may view and download material from this site only for personal, non-commercial home use, and such permission is deemed adequate consideration for this contract. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by the Company.

Void Where Prohibited

Although the site is accessible worldwide, not all products discussed or sold on the site will be available to all persons or in all geographic locations or jurisdictions. The Company reserves the right to limit, at its sole discretion, the availability to the site and / or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the site is void where prohibited. Use of this site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, and (2) where all or any portion of this site may violate any legal requirements.

Code of Conduct
You agree not to:

  • Restrict or inhibit any other user from using and enjoying the site and services;
  • Transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • Transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
  • Transmit materials in violation of another party's intellectual property rights;
  • Use the site for any commercial or unlawful purposes; or
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the site.

Indemnification

You agree to indemnify, defend and hold harmless the Company from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arises directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and / or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.

Use of Passwords

Use of any password-protected area of the site, when applicable, is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to the Company resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from the Company in writing, it being understood that the Company's shall be under no obligation to approve any such request.

Modifications

The Company shall have the right at any time to (a) change the terms of this Agreement, (b) change the site, including eliminating or discontinuing any content or feature of the site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the site, including instituting new or increased fees or charges for the use of the site or any other related services or feature thereof. This Agreement may be modified by the Company at any time by the Company posting the modified terms on this site, and your continued use of the site thereafter shall be deemed acceptance of those terms and conditions.

Miscellaneous

You agree that this Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Marin County in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.