Terms and conditions

Welcome to Secret e Scentials. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Secret e Scentials’s relationship with you in relation to this website.

The term ” Secret e Scentials” or “us” or “we” refers to the owner of the website whose registered office is 411 West Pleasant Street, Pleasantville, Iowa 50225. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any
  such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Secret E Scentials’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America and the State of Iowa.

1. Description of Service.

Saving Grace Enterprises (“SGE”) operates the SecreteScentials.com web site (the “Site”) to offer you access to training programs, holistic health programs, aromatherapy, and other diet, lifestyle, and fitness information that has been developed
for you by The Oily Artist & Secret Escentials. Use of the Site is governed by this agreement(this “Agreement”) and the terms of service (“TOS”) described herein.

2.ACCEPTANCE OF TERMS OF SERVICE

3. CUSTOMER REGISTRATION REQUIREMENTS

To open an account, you will need to select a user-name and a password and you will also need to complete a profile (which will contain certain personally identifiable information) by providing SecreteScentials with true, accurate, current and complete information as prompted by the Site’s online registration form.

If you provide any information that is untrue, inaccurate, not current or incomplete, or SecreteScentials has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SecreteScentials has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All information that you provide to us will be subject to the terms of our Privacy Policy.

You may not share your user-name or password with others. SecreteScentials may refuse to permit you to use any user-name or password that SecreteScentials, at its sole discretion, deems offensive.

4. SECURITY

You will be solely responsible for maintaining the confidentiality of your password, which you will never have to reveal to any representative or agent of SecreteScentials. You agree to (a) immediately notify SecreteScentials of any known or suspected unauthorized use(s) of your account or password or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password and (b) ensure that you exit from your account at the end of each session. SecreteScentials cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. RESPONSIBILITY FOR ACCOUNT ACTIVITY.

You are solely responsible for all usage or activity on your account or password, including use of your account or password by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at SecreteScentials’s sole discretion.

6. FEES AND PAYMENTS/LIMITED ACCESS TO THE SITE.

SecreteScentials does not currently impose fees for access to the public portions of the Site.

7. CHANGES TO TOS.

SecreteScentials may change, add or delete any one or more of the TOS by providing notice to you as set forth in Section 22 of this Agreement or by posting such changes on the Site. If any future changes are unacceptable to you, you may cancel your account by sending an e-mail to SecreteScentials. Such cancellation will become effective upon the expiration of the period for which you have paid your membership subscription. Your failure to cancel your account following the posting of notice of any changes will indicate your acceptance of the TOS as changed.

8. CHANGES TO SERVICE

SecreteScentials may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Site at any time, including the availability of any feature, database, or content, with or without notice to you. SecreteScentials may also impose limits on certain features and services or restrict your access to part or all of the Site without notice to you. You
agree that SecreteScentials shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation or restriction.

9. PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT

Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site. Content available through the Site originates from SecreteScentials and a variety of third party providers. SecreteScentials and each HHC is either the owner or an authorized licensee of such Content and has licensed SecreteScentials to make its Content available to you through the Site. In order to protect and preserve SecreteScentials’s and the copyrights and other intellectual property rights in their respective Content, you agree to the following with
respect to any specific item of Content that you license or that is otherwise made available to you through the Site:

a. You will abide by all copyright notices and copyright directives relating to or provided with the Content.

b. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium or (ii) sell, loan or license any Content.

c. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein.

d. You will not remove any copyright notice from the Content.

10. DISCLAIMER OF WARRANTIES.

a. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SecreteScentials EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. SecreteScentials MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY PERSON WILL ACHIEVE A DESIRED RESULT OR RESULTS FROM THE USE OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) THE ADVICE, INSTRUCTIONS OR OTHER INFORMATION GIVEN TO YOU BY SECRETESCENTIALS WILL BE SAFE, USEFUL OR APPROPRIATE.

c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SecreteScentials OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SecreteScentials SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SecreteScentials HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF SecreteScentials’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO SecreteScentials UNDER THIS AGREEMENT OR THROUGH THE SITE, IF ANY.

12.EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

13. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE

In consideration of your being permitted to use the Site, diet, fitness, and holistic health information (as defined below), you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors and assigns, hereby agree to release SecreteScentials and its past, present and/or future shareholders, members, managers, partners, trustees,
officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense and other loss suffered or incurred by you as a direct or indirect result of your use of any training, aromatherapy, athletic, health, wellness, exercise, fitness or similar information (collectively, “holistic health Information”) that is, directly or indirectly, any portion of the Site at any time.

In further consideration of your being permitted to use the Site and the holistic health Information, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction or occurrence that relates, directly or indirectly, to your use of the Site or the Fitness Information at any time.

Your acknowledge and agree that your are aware that activities associated with use of the holistic health information may range from vigorous cardiovascular activity (e.g., aerobics, bicycles, steppers, treadmills, elliptical trainers) to the strenuous exertion of strength training (e.g., free weights, weight machines). You acknowledge and agree that you understand that these and other physical activities involve certain inherent risks, including but not limited to, death, serious neck and spinal injuries, resulting in complete or partial paralysis, heart attacks, and injury to the bones, joints or muscles. Your use of the holistic health information is voluntary and with full knowledge of such inherent participatory dangers and you hereby agree to assume any and all inherent risks of property damage, personal injury, and death.You understand and agree that you should consult with your personal physician (i) before utilizing any of the holistic health information and (ii) during the course of your use of the holistic health information if you have any concerns or questions about the impact of such use on your medical condition.

You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical advice of any kind (including advice pertaining to your use of the holistic health information), or to advise
you of the medical risks associated with your use of the holistic health information.

You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the holistic health information and that you will not sue any Released Party based on such information or advice.

You agree that you will not use any item of equipment described or referred to in the holistic health information unless instructed in the proper use of such equipment by your holistic health coach or other trained professional.

You acknowledge and agree that the release, waiver and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of Iowa and agree that if any portion is held invalid, the remainder of this release, waiver and covenant not-to-sue will continue in full legal force and effect.

You acknowledge and agree that you have read this release, waiver and covenant not-to-sue and fully understand that by agreeing to this Agreement, you are giving up legal rights and/or remedies that may be otherwise be available to you.

14. LINKS

The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that SecreteScentials has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.

15. COMMUNICATIONS BETWEEN SecreteScentials AND CUSTOMERS

SecreteScentials reserves the right to provide you with information about products and services from SecreteScentials. SecreteScentials also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.

16. DISCLOSURE OF USAGE AND DEMOGRAPHIC INFORMATION

SecreteScentials reserves the right to disclose certain information about you. For more information, please read the Privacy
Statement.

17. FORUMS AND DISCUSSIONS

From time to time, the Site may conduct or facilitate electronic chat rooms, bulletin boards, news groups, forums and discussions on subjects of interest to its coaching clients (collectively, “Forums”). In addition to any terms or conditions of participation that may be posted with respect to any specific Forum, the following terms and conditions shall apply with respect to any Forum in which you choose to participate and with respect to any content of whatever nature (”Materials”) that you upload to, publish or otherwise distribute or transmit (collectively “transmit”) in, on or through a Forum or otherwise through the Site.

With respect to any Material that you transmit in, on or through a Forum or otherwise through the Site, you hereby grant to SecreteScentials a perpetual, royalty-free, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, publish translate, create derivative works from, distribute, perform and display such Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You agree not to use Forums or the Site to:

.	upload, post, email, transmit or otherwise make available any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b.	harm minors in any way;
c.	impersonate any person or entity, including, but not limited to, an official of SecreteScentials, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.	forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Site;
e.	upload, post, email, transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.	upload, post, email, transmit or otherwise make available any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
g.	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h.	upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.	disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j.	interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
k.	intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l.	“stalk” or otherwise harass another; or
m.	collect or store personal data about other users.

You are solely responsible for the content of any Material that you transmit in, on or through the Forums or otherwise through the Site. SecreteScentials does not and cannot review every item of Material transmitted by you. However,
while SecreteScentials is not responsible for the content of your Material, SecreteScentials reserves the right to delete, move, or edit Material that SecreteScentials, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. SecreteScentials also reserves the right to delete, move or edit Material as SecreteScentials, in its sole discretion, deems necessary or appropriate, including for the formatting purposes of the particular Forum. You hereby waive any so-called “moral rights” that you may have with respect to any deletions or edits that SecreteScentials may make to your Materials. SecreteScentials may terminate your ability to access and make use of any Forum or the Site generally at any time upon determining that your Material is abusive, defamatory, absence, in violation of copyright or trademark laws or is otherwise unacceptable. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material.

18. COMPLIANCE WITH LAW/U.S. AND INTERNATIONAL

In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of technical data and software exported from the United States or the country in which you reside.

19. REPRESENTATIONS AND WARRANTIES/INDEMNITY

You represent, warrant and covenant that no Materials of any kind submitted through your account will (a) violate or infringe upon the rights of any third party (including copyright, trademark, privacy or other personal or proprietary rights) or (b) contain libelous, defamatory or otherwise unlawful material.

You hereby agree to indemnify, defend and hold harmless SecreteScentials, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable attorneys’ fees) incurred by the Indemnified Parties (or any of them) in connection with any claim arising out of or relating to (i) your use of the Site or any holistic health information, (ii) a breach by you of any of your representations, warranties or covenants in this Section 19 or elsewhere in this Agreement, (iii) your connection to
the Site or (iv) any violation of the TOS by you or any user of your account.

You agree to fully cooperate in the defense of any such claim.

22. NOTICES TO YOU

Notices may be sent to you by e-mail, first class mail or overnight courier. SecreteScentials may also provide notices of changes to the TOS or other matters by displaying such notices, or providing links to such notices, on the Site.

23. NO WAIVER/SEVERABILITY.

SecretEscentials’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision or remedy. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

24. ENTIRE AGREEMENT

This Agreement and the TOS stated herein constitute the entire agreement between you and SecretEscentials with respect to your use of the Site and of the products and services that you obtain through the Site. This Agreement merges and/or supersedes any other agreements and understandings between you and SecretEscentials, including any prior versions of the TOS.

25. ENFORCEMENT COSTS

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident
to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party.

26. CHOICE OF LAW/STATUTE OF LIMITATIONS

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Iowa. Any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Iowa. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.