Pomega, Inc. ("Pomega", the "Company", “we” or, “us”) offers a variety of products, some of which may be classified as cosmetics or dietary supplements.
Acceptance of Terms
THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Company provides access to the POMEGA5® web Site, located at www.pomega5.com (the “Site”) subject to your acceptance of this Pomega Site User Agreement (“Agreement”). Company may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined below) and agree to be bound by the terms of this Agreement. This Agreement was last revised in January 2019. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Pomega by e-mail at email@example.com before using the Site.
We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Types of Users
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 consult your physician/ dermatologist. The actual list of ingredients is printed on each product's label or accompanying box.
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 or dermatologist, 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.
Note, when a product is classified as a dietary product under FDA rules, the following notification shall apply and be stated on its label:
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.
Terms and Conditions of the Purchase
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 / or 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 (or if charged by our merchant processor, the charge will be reversed), 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 manufactured by a certified lab 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, (a) we will rely on your advising us on the place of purchase to ensure quality control over our manufacturing and distribution channels and (b) you may be required to ship the old product to us for testing.
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.
Availability: while we will endeavor to make all our products available for purchase at any time and do our best to replenish the quantities available for sale as soon as the inventory runs low, we may from time to time and at our sole discretion remove any of the products from our shopping cart.
Purchases and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Pomega shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pomega shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pomega shall immediately issue a credit to your credit card account in the amount of the charge.
Pomega attempts to be accurate in all product descriptions. Nevertheless, Pomega does not warrant that any product description or other content on the Site is accurate, complete, reliable, current, or error free. If you find a product is not as described your sole remedy is to return it pursuant to Pomega’s return policy.
Pomega reserves the right, with or without prior notice, (a) to impose conditions on the honoring of any coupon, coupon code, promotional code or other promotion, (b) change a product description, (c) limit the availability or any product or service, or (d) refuse to provide any User or customer with any services.
Promotions. This Site may contain contests or promotions that require you to send material or information about yourself in order to participate. Please note that any such contest or promotion offered through the Site may be governed by a separate set of terms and conditions, that may include, among other things, eligibility requirements such as age limits and geographical restrictions, If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.
Refunds. The primary purpose of Pomega is to sell high quality products to customers. If you desire to return a Pomega product, then please consult the return policies, which may be found at www.pomega5.com/customer service.
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.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
769 Center Blvd # 77
Fairfax CA 94960
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.
Use of the Site
You understand that Pomega cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Acceptable Code of Conduct While Using our Site
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.
The sender of any communications to this Site or otherwise to Pomega shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. Pomega reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (i.e. “Spam”).
RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
Pomega periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Pomega shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
Your Account Obligations
In consideration of your use of the Site you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site. You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. Pomega shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
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 (or Discount Codes)
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. The above rules shall apply with the same effect to all discount codes issued for individual use.
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.
POMEGA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND POMEGA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
POMEGA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL POMEGA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL POMEGA’S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO POMEGA FOR THE USE OF THE SITE BY YOU, OR $50. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF POMEGA, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
No Endorsement of Content and Links to Other Web Sites
Any links to other Sites are provided as merely a convenience to the Users of this Site. This Site may provide links or references to other Sites but Pomega has not reviewed all of these other Sites, has no responsibility for the content of such other Sites and shall not be liable for any damages or injury arising from any such content. Pomega does not endorse or make any representations about these Sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other Sites linked to this Site, you do so entirely at your own risk.
Linking and Framing the Site
Unless a User has a written agreement in effect with Pomega that states otherwise, a User may only provide a hyperlink to the Site on another web Site if the User complies with all of the following: (a) the link must be a text-only link clearly marked "Pomega” or the link must "point" to the URL http://www.pomega5.com” and not to other pages within the Site; (c) the link, when activated by a User, must display the Site full-screen and not within a "frame" on the linking web Site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Pomega name and trademarks or create the false appearance Pomega is associated with, or a sponsor of, the linking web Site. By providing this consent, Pomega is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. Pomega reserves the right to revoke its consent to any link at any time in its sole discretion.
You may not use this Site in violation of any U.S. export laws or regulations. Pomega makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Should any User respond to Pomega with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any Pomega document, the Site, or Pomega services, such information shall be deemed to be non-confidential and Pomega shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Pomega shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Any delay or failure by you or Pomega, at any time or times, to require performance of any provision hereof shall in no manner affect your or Pomega’s right at a later time to enforce such provision. No delay or failure of you or Pomega in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Pomega and you pertaining to the subject matter hereof. In its sole discretion, Pomega may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Pomega, except pursuant to the sale of your business, or all or substantially all of its assets. Pomega may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
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.