Terms of Service

Overview

This website is operated by TAMAR Essences, Inc (TAMAR). Throughout the site, the terms “we”, “us” and “our” refer to TAMAR. We offer this website, including all services, tools, and information available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated within our policies.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to follow our terms and conditions (“Terms of Service”, “Terms”, or “TOS”), which include any additional terms and conditions referenced herein. Our TOS is applicable to all website users, including, but not limited to, customers, vendors, merchants, contributors of content, and/or browsers.

By accessing or using any part of our website, you agree to be fully compliant with our Terms of Service. If you do not agree to the Terms, then we ask that you not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to the TOS.

The storefront may undergo any type of technological improvement or update, and any new features or tools which are added to the store will be subject to our Terms. The most current TOS will always be accessible on this page. We reserve the right to update, change, or replace any part of our Terms of Service at any time, with any type of changes to take immediate effect. It is your responsibility to periodically check for any  updates. Your continued use of our website constitutes acceptance of any changes.

Terms of Store

By agreeing to our Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us consent to allow any of your minor dependents to use this site.

We do not allow you to use our products for any illegal or unauthorized purpose. We also prohibit, in the use of this service, the violation of any laws in your jurisdiction, including but not limited to, copyright laws.

You are prohibited from transmitting any malware or viruses or any code of a destructive nature.

Any breach or violation of any of the Terms will result in immediate termination of your Services.

Pricing Modification

Product pricing is subject to change without notice. We are not liable to you or any third party for any modification or price adjustment.

Products or Services

Certain products or services may be available exclusively through this website. These products may be represented in limited quantities and are subject to return or exchange only in accordance of our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that are available for purchase. We cannot guarantee the calibration of your computer monitor or mobile display to verify the accuracy of our product colors.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction, which is a right we are not obligated in but may exercise on a case-by-case basis. We also reserve the right to reserve the quantities of any products or services we offer.

All product descriptions or pricing is subject to change at any given time without notice at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or service is void where prohibited.

We do not warrant that the quality of our products, services, information, or material purchased or obtained by you will meet your expectations.

Account Information Accuracy

We reserve the right to refuse any orders purchased on our site. We also reserve the right to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders utilizing the same billing and/or shipping address.

In the event that an order may require an adjustment or must be cancelled, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made, and will utilize your information in such a way in accordance with our Privacy Policy. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by distributors, resellers, or dealers. If you wish to engage in such a business relationship, you may contact us directly.

You agree that the information provided during the time of the transaction should be current, complete, and accurate. You agree that you will promptly update your account or other information, such as email address, mailing address, as well as credit card numbers and expiration dates, to ensure that we are able to successfully complete your transactions and contact you as needed with updates.

Third-Party Tools

Our website utilizes a number of third party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure your familiarity with and approval of the terms of the third party providers.

For more information regarding our third party tool usage, please refer to our Privacy Policy.

In the event that we launch additional features and updates to our website, they, too, will be governed by our TOS.

Website Links

You acknowledge that by browsing our website, you are aware that our content may link to and utilize material from third parties. These third parties are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for these third party websites, materials, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with third party websites. Please ensure that you review all third party website policies and practices and you understand them before engaging in a transaction. If, for any reason, you have an inquiry, complaint, concern, or claim regarding third party resources, you may direct them to the third party.

Commenting

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any comments that you forward to us. “Comments” are constituted as submissions prompted by a direct inquiry such as a contest entry, or feedback, creative ideas, suggestions, plans, proposals, or other media that is captured online (including social media), via email, via postal mail, or otherwise. We are under no obligation (1) to maintain any comments in confidence; (2) to pay any remuneration for comments; or (3) respond to any comments.

We reserve the right but have no obligation to monitor, edit, or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, slanderous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or our TOS. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain any libelous, slanderous, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or malware that could in any way affect the performance or operation of the Service or any related website.

You represent that you are who you claim and will not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make as well as their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Accuracy, Completeness, and Timeliness

We are not responsible if information available on this site is not accurate, complete, or current. The information provided on this website should not be solely relied upon as the basis for making decisions without consulting more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information which is therefore not current and provided for reference only. We reserve the right to modify the contents of this site at any given time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor for changes on this site.

Errors, Inaccuracies, and Omissions

We acknowledge the possibility that there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions in the product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, and other website material. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or any related website is inaccurate at any time without prior notice, including after an order has been placed by you.

We undertake no obligation to update, amend, or clarify information in the Service or any related website, including, but not limited to, pricing details, except as required by law. No update or refresh date as specified on the website should be taken to indicate that all information in the Service or any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions specified within this TOS, you are prohibited by using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or partake in any unlawful activities; (c) to violate international, federal, provincial, or state laws, regulations, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, insult, slander, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, age, race, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to upload or transmit viruses, malware, or any other type of malicious code that may be used in a way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape our site content; (j) for purposes obscene or immoral in nature; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be without interruption, timely, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indeterminate periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and service delivered are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, contractors, interns, agents, suppliers, vendors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits/revenue/savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, that arises from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in content, any loss or damage incurred as a result of the use of the service or content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions  do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent as permitted by law.

Indemnification

In the event that any provision of the TOS is deemed to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this TOS. Such a determination shall too not affect the validity and enforceability of any other remaining provisions.

Severability

You agree to indemnify, defend, and hold harmless TAMAR and our parent, subsidiaries, affiliates, directors, officers, agents, employees, contractors, subcontractors, interns, licensors, service providers, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

The TOS is effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to utilize our Service or when you stop using our website.

If we determine that you failed or suspect that you have failed to comply with any term or provision of these TOS, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Our TOS and any additional policies posted on our website constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the TOS.

Any ambiguities in the interpretation of the Terms shall not be construed against the drafting party.

Governing Law

Our TOS and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of New York.

Changes to Terms of Service

The most current copy of the TOS can be reviewed at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of this TOS by posting updates and changes to our website. It is your responsibility to check our website regularly for updates. Your continued use of or access to this website is contingent upon your acceptance of these changes.

Contact

Questions regarding our terms of service can be directed to us by using our website contact form, linked in the footer of our website.