Terms of Service

 

Agreement between user and raw-essentials.com

The raw-essentials.com website is comprised of various web pages operated by DBA Raw Essentials. Raw-essentials.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of the website constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.
Raw-essentials.com is an E-Commerce website.

Privacy

Your use of the website is subject to Raw Essentials’ Privacy Policy. Please review our Privacy Policy, which also governs the website and Informs users of our data collection practices.

Electronic Communications

Visiting the website or sending emails to Raw Essentials constitutes electronic communication. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Raw Essentials is not responsible for third party access to your account that results from theft or misappropriation of your account. Raw Essentials and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content our sole discretion.

Children Under Thirteen

Raw Essentials does not knowingly collect either online or offline or personal information from people under the age of thirteen. If you are under 18, you may use the website only with the permission of a parent or guardian.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the website strictly in accordance with these terms of use. As a condition of your use of the website, you warrant to Raw Essentials that you will not use the website for any purpose that is unlawful or prohibited by these terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.

All content included as part of the service, such as text, graphics, logos, images, compilations thereof, and any software used on the website, is the property of Raw Essentials or its suppliers and is protected by copyright and other laws safeguarding intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or restrictions contained in such content and agree not to make any changes to it.

You will not modify, publish, transmit, reverse engineer, or participate in the transfer or sale create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Raw Essentials content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Raw Essentials and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Raw Essentials or our licensors except as expressly authorized by these terms.

International Users

Services are controlled, operated and administered by Raw Essentials from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Raw Essentials content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Raw Essentials, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities or expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Raw Essentials reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Raw Essentials in asserting any available defenses.

Submissions

“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Raw Essentials regarding the products or services of Raw Essentials. Submissions will not be confidential and will become the property of Raw Essentials upon submission to Raw Essentials. By providing any submissions, you agree to assign to Raw Essentials, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the submissions. You represent and warrant that any submission you provide to Raw Essentials will be complete and accurate. You acknowledge that you are responsible for the submissions that you provide, and that you, not Raw Essentials, have full responsibility for the submissions, including their legality, reliability, appropriateness, originality, and copyright.

Except as expressly stated and agreed upon in advance by Raw Essentials, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to Raw Essentials (such as feedback, questions, comments, suggestions, ideas, etc.). If the Raw Essentials website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Raw Essentials shall obtain, use and maintain it in as manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Raw Essentials shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, and use of sale of products incorporating such information. The sender of any information to Raw Essentials is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

Product and Service Availability

Reference to any product or service on this website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it. Raw Essentials manages all portions of this website from the State of Texas, in the United States of America. Raw Essentials in no way implies that the materials on this website are appropriate or available for use outside of the United States at this time and we may not be able to fill your order of you require shipping outside of the United States.

We cannot guarantee that a product will ship right away, as inventory can change significantly from day to day. In “rare” cases, a product may be in stock when you place your order and sold out by the time your order is processed. If an item is in your shopping cart when you place your order but is sold out by the time your order is processed, we will notify you by telephone call and/or e-mail that your order will not be filled and you will not be charged for the product that is not in stock. Notification will be sent via message on your online account or via e-mail when an item is back in stock and available for ordering.

Colors

Raw Essentials attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Registration and Security

If you wish to purchase any products or use certain services on this website, you must provide certain minimum required information to us. By entering any information on this website, you represent and warrant that: (a) you are of legal age in the state in which you reside; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any access codes that you have chosen. Remember that you are responsible for all activity that occurs under your account or Access Codes. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All the information provided to us will be used in accordance with our Privacy Policy.

If you want to cancel your access codes, or if you become aware of any loss, theft or unauthorized use of an access codes, please notify us immediately at info@raw-essentials.com. We may delete or change any access codes at any time and for any reason.

Termination/Access Restriction

Raw Essentials reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not have effect to all provisions of these terms, including, without limitation this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Raw Essentials because of this agreement or use of the website. Raw Essentials’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is derogation of Raw Essentials’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Raw Essentials with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable laws including, but not limited to, the warranty disclaimers and liability limitations set forth above then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Raw Essentials with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic oral or written, between the user and Raw Essentials with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entre dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions takes place on an individual basis; class arbitrations and class/representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and Raw Essentials agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RAW ESSENTIALS DBA AND OR ITS SUPPLIERS’ IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

RAW ESSENTIALS DBA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC’S CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROUDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RAW ESSENTIALS DBA AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAW ESSENTIALS DBA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RAW ESSENTIALS DBA, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE VISITING THE SITE.

Changes to Terms

Raw Essentials reserves the right, its sole discretion, to change the terms under which the website is offered. The most current version of the terms will supersede all versions. Raw Essentials encourages you to periodically review the terms to stay informed of our updates.

Contact Us

Raw Essentials welcomes your questions or comments regarding the terms:
Raw Essentials
11105 Austex Acres Lane
Manor, Texas 78653
Email Address:
info@raw-essentials.com
Telephone number:
512-272-5621
Updated as of January 6^th, 2025