THE INFORMATION, ACTIVITIES AND RECOMMENDATIONS DESCRIBED ON THE VIE EN ROSE WEBSITE ARE INTENDED FOR USE ONLY IN JURISDICTIONS WHERE SUCH ACTIVITIES ARE LEGAL. VIE EN ROSE STRONGLY DISCOURAGES ALL ILLEGAL ACTIVITIES AND ANY USE OF THE VIE EN ROSE WEBSITE INCLUDING PRODUCTS OFFERED BY VIE EN ROSE ARE STRICTLY PROHIBITED IN ANY JURISDICTION WHICH HAS NOT LEGALIZED CANNABIDIOL.
THE CONTENTS OF THE VIE EN ROSE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR CERTIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
1. Services Offered by Vie En Rose
1.1 The Vie En Rose Website is an electronic commerce service which facilitates the sale of topical skincare or cosmetic products that may contain Cannabidiol derived from Industrial Hemp, that does not contain any active Tetrahydrocannabinol. It may contain up to the legal limit of point zero three percent (.03%) Tetrahydrocannabinol, the naturally occuring amount of Tetrahydrocannabinol found in Industrial Hemp, which has been sourced through a third party that has certified its authenticity as well as Tetrahydrocannabinol content of less than point zero three percent (.03%).
We reserve the right to remove or add topics and services, or modify how they are used or displayed, in our sole discretion. Use of the Vie En Rose Website is strictly limited to jurisdictions in which the foregoing activities are legal. Vie En Rose reserves the right to commence charging users or advertisers, or to change the pricing or pricing structure, at any time for any service or feature offered by Vie En Rose or through the Vie En Rose Website.
1.3 Except when otherwise expressly stated by Vie En Rose, you agree that Vie En Rose has no responsibility for:
(a) the content or accuracy of any listing, advertisement, offering, or other materials regarding third parties, or the quality or availability of any product or service advertised within a listing, advertisement, offering, or such other materials or
(b) any user or member posted opinions, statements, or other content.
Much of the content and information posted on the Vie En Rose Website is provided by third parties and the opinions and statements appearing on the Vie En Rose Website and are not those of Vie En Rose or its management, and Vie En Rose bears no responsibility for the accuracy or content of any such material. You expressly release Vie En Rose and its officers, directors, employees, and agents from any liability or obligation relating to such third party opinions, listings and other statements. The Vie En Rose Website provides a public forum for the exchange of opinions regarding certain products and services, and you acknowledge that others’ opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against Vie En Rose, its sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
1.4 Most of the information and materials published on the Vie En Rose Website are not provided by medical professionals and are intended only to complement, and not to replace or contradict, any health or medical advice or information provided by healthcare professionals. If you have any questions, please consult a healthcare professional.
1.5 You acknowledge and agree that if you provide Vie En Rose or the Vie En Rose Website with any personal information that Vie En Rose will use, provide, and disclose such PHI for the purposes for which it was provided.
1.6 Providing fraudulent information or attempting to fraudulently obtain cannabidiol, including misrepresentation of your place of residency, medical records, history, condition or intentions, is illegal and may subject you to civil and/or criminal liability. Vie En Rose neither provides, or makes available to purchase, medical marijuana, nor does Vie En Rose encourage any illegal activity in obtaining cannabidiol. You agree not to use the Vie En Rose website or any Vie En Rose service for the purpose of illegally obtaining, growing, or distributing cannabidiol.
1.7 You agree that we may in our sole discretion, without notice of any sort, but have no obligation to:
(a) modify from time to time the design and functionality of the Vie En Rose Website and all services we offer;
(b) reasonably edit listing, advertisement or offering copy or user submitted information or content;
(c) reasonably review, approve, edit and modify other data and content submitted by doctors, clinics, dispensaries, advertisers, listing owners, and users; or
(d) reformat materials submitted for the purpose of display on the Vie En Rose Website or uniformity with other listings.
1.8 You hereby acknowledge and agree that you have been advised of, and understand the following:
(a) the cannabis plant or any derivative is not regulated by the United States Food and Drug Administration and therefore may contain unknown quantities of active ingredients, impurities and/or contaminants;
(b) cannabidiol smoke contains chemicals known as tars that may be harmful to your health;
(c) should respiratory problems or other ill effects be experienced in association with its use, it should be discontinued and reported to your physician immediately;
(d) there is no guarantee that cannabidiol will provide any benefit regarding your condition, and the benefits and risks associated with the use of cannabidiols are not fully understood;
(e) the use of cannabidiol may involve risks that have not been identified, and you may consider alternatives to medical marijuana treatment suggested by your physician, and
2. Advertisements, Offerings, and Listings
2.5 You covenant, represent and warrant that:
2.1 You hereby indemnify and hold harmless Vie En Rose, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to:
(a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or
(b) any matter contained in your offerings, listings or advertisements or the placement thereof on the Vie En Rose Website.
3. Paid Services and Payment Terms
3.1 Subject to any terms or conditions set forth on the Vie En Rose Website pages describing services or features available to patients, consumers, or other website users, you agree to pay all fees and other charges applicable to each paid service or feature you have ordered according to the web page or specified pricing and other terms and conditions, and to comply with applicable billing terms (prepaid or post-paid) in effect at the time the fee or charge becomes payable (including without limitation, as applicable, that payments will be charged to your payment card) for the applicable time period (if any) to which you have committed according to the order submitted for the service or feature. All discounts and coupons issued as part of a service or subscription are available only in accordance with their stated terms, and extensions, credits and refunds are not available.
3.2 Certain services or subscriptions, by their terms, automatically renew for succeeding periods unless you provide notice of cancellation, as provided by the terms of your specific agreement with Vie En Rose (or, if none, at least 30 days in advance of the desired termination or cancellation date). Notwithstanding anything to the contrary, Vie En Rose reserves the right to cancel or terminate any service or feature, or your participation in any service or feature, upon 30 days prior notice (or sooner if reasonably required by commercial or regulatory circumstances).
3.2.1 With respect to all paid services you have ordered that require monthly (or other periodic) payment card billing, you authorize regular monthly (or such other periodic) billing, including charges to be applied to your payment card, according to the terms for such service until cancelled as provided herein. With respect to all paid services you have ordered, you are also responsible to pay:
(1) unless they are stated as included in the applicable charges, any applicable taxes, surcharges, and other governmentally imposed amounts on the applicable service (stated charges typically include most normally anticipated taxes and surcharges; further information available upon request),
(2) any penalties, administrative fees, or other amounts arising out of unauthorized payment card usage, charge-backs, bounced checks, and the like, and
(3) account or service reactivation fees imposed by Vie En Rose after termination or suspension of a service. Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Except as otherwise expressly provided, payments to Vie En Rose are non-refundable.
4. Community Participants and Public Postings
4.1 You agree that Vie En Rose shall have the right, but not the obligation, to choose the contents displayed in public, community, feedback, forum, and opinion features within the Vie En Rose Website and that it shall have no obligation to use or display any content or submission from you. You also agree that Vie En Rose shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.
4.2 You understand that by participating in any community, forum, feedback, communications, or opinion feature or service of the Vie En Rose Website that the contents of your submissions and communications may be published and become public information, not subject to any obligations or rights of privacy. If you include any contact or other information in your posting, that will also be publicly available. You shall be solely responsible for your own submissions and communications and the consequences of posting or publishing them. You retain all of your ownership rights in your submissions and communications, provided that you hereby grant to Vie En Rose a perpetual, worldwide, royalty-free (and fully paid-up), transferable, sublicenseable, non-exclusive, irrevocable and unlimited license to digitize, publish, use, reproduce, copy, display, distribute, transmit, edit or modify (to the extent otherwise permitted herein), synchronize, make derivative works of, compile, use and otherwise exploit, through any medium now known or hereafter developed, all of your opinions, content, or other matter submitted to Vie En Rose for use in a community feature or posting as an opinion or public statement, including without limitation all proprietary rights comprising the same and other components thereof. You hereby waive any applicable moral rights.
4.3 You covenant, represent and warrant that:
(a) all of your postings and other submitted content to community or opinion features are either clear expressions of opinion or are true and accurate in all respects;
(b) you own, or otherwise have the complete right and authority to
(c) permit Vie En Rose to publish, reproduce, copy, display, distribute, modify (to the extent otherwise permitted herein), and use, and
(d) otherwise convey the rights granted Vie En Rose herein to, your postings and other submitted content, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, as provided herein or as may otherwise be consistent with the use and treatment of other postings and similar matter on the Vie En Rose Website; and
(e) no such posting or matter, and no such component thereof, infringes or violates any trademark, copyright, patent, trade secret, publicity right, privacy right, attribution right, integrity right, personality right, or any other right of any sort of any other person.
4.4 You agree to abide by all of the use policies in effect from time to time, including any Acceptable Use Policy published at the Vie En Rose Website, any policies distributed by email, or any amendments thereto, which policies include, without limitation, the following you:
(a) shall abide by all applicable laws, rules, and regulations relating to the use, posting or transmission of content, software or other matter; and
(b) shall not (nor allow any person to) use the Vie En Rose Website in any manner which is illegal, fraudulent or deceptive (including without limitation any practices likely to deceive any other party contacted through the Vie En Rose Website), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, or otherwise objectionable or unlawful. You will not encourage or enable any person to undertake any illegal act.
4.5 You hereby indemnify and hold harmless Vie En Rose , its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to:
(a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or
(b) any matter contained in your postings, opinions, or other matter, or the placement thereof on the Vie En Rose Website.
5. Permitted Uses and Related Terms
5.1 You may not use the Vie En Rose Website for any purpose other than to:
(x) post legitimate advertisements and offerings for services and products consistent with the purpose and spirit of the Vie En Rose Website, or(y) view offerings, listings, and opinions thereon and make legitimate inquiries to advertisers and listing owners regarding your genuine interest in a particular product or service or
(z) legitimately and in good faith participate in the other services and features which Vie En Rose offers, in accordance with all policies, guidelines, rules, and applicable laws. Advertisers and listing owners may not be solicited for other purposes (for example and without limitation, solicitation of advertisers and listing owners for your services is strictly prohibited).
Any other use is strictly prohibited. You may not use the Vie En Rose Website in any manner to deceive, harass, or injure any other person or to violate any applicable law, rule, or regulation. You may not use or access the Vie En Rose Website in any manner that, in our reasonable judgment, adversely affects the performance or function of the Website or any other computer systems used by Vie En Rose . You shall not:
(a) attempt to gain unauthorized access to any account, the Vie En Rose network, or any related components;
(b) use or access the Vie En Rose Website by mobile browsing device while operating a motor vehicle to the extent prohibited by any competent jurisdiction; or
(c) interfere with another’s use and enjoyment of the Vie En Rose Website or any Vie En Rose services.
5.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Vie En Rose Website in a manner that sends more request messages to the Vie En Rose Website servers in a given period of time than a single human would produce in the same period by using a conventional web browser. Vie En Rose allows the operators of bona fide public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Vie En Rose source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Vie En Rose reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You agree not to collect or harvest any personally identifiable information from the Vie En Rose Website, nor to use the communication systems provided by the Vie En Rose Website for any commercial solicitation purposes.
5.3 Vie En Rose encourages all viewers to perform their own independent investigation and evaluation of offered products or services. You assume responsibility for your use of any information available on the Vie En Rose Website or any other website or materials reachable through the Vie En Rose Website.
5.4 You may not circumvent, disable or otherwise interfere with security related features of the Vie En Rose Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Vie En Rose Website or the content therein. You may not upload or transmit, or use, any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or intercept the normal operation of the Vie En Rose Website or any user equipment. Vie En Rose reserves the right to refuse hypertext links to other websites or advertiser’s pages, and to remove links or web addresses without notice at our sole discretion. In addition, we may institute a policy of charging for links to outside sources upon notice.
5.5 You may use and print a single copy of the textual matter and all non-trademarked graphical matter for personal, non-commercial purposes solely as necessary to utilize the Vie En Rose services as consistent with their stated purpose provided that:
(1) the applicable copyright and trademark notice appears in all copies,
(2) such materials will not be copied or posted on any network or computer or broadcast or published in any media, and
(3) no modifications of any materials are made.
Except as provided herein, no other materials or content available on the Vie En Rose Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials which you are permitted to use as described above do not include the design or layout of the Vie En Rose Website or any proprietary materials of any third party, including the trademarks of any sponsors.
(a) permitting access to your Vie En Rose username and password to third parties;
(b) use of your Vie En Rose account for any purpose other than private, non-commercial purposes or valid advertising purposes if you are a listing owner;
(c) entering invalid or apparently invalid user information (such as anonymous “Hotmail” e-mail accounts);
(d) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user limitation; or
(e) posting or submitting any opinion, communication, or other content that may indicate that you are (or if you actually are) affiliated with or related to any advertiser, sponsor, listing owner, or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial use of the privileges afforded Vie En Rose members.
6. Limits of Liability
6.1 You agree that Vie En Rose has no legal liability or responsibility whatsoever for or arising out of any inaccuracy or illegality in:
(a) any information you provide to or post on the Vie En Rose Website, or any such information provided to you, or
(b) any services, or other information made available on or through the Vie En Rose Website, or any breach of contract or violation of law by any advertiser, listing owner, service provider, supplier, doctor, clinic, medicine provider, or other third party.
While Vie En Rose makes reasonable efforts to assure that listings are up to date and that your search or filtering of listings provides relevant search results, you agree that Vie En Rose has no legal liability whatsoever pertaining to the search results made available to you or the accuracy of any special offers, availability, pricing, or other information provided in a listing, advertisement, offering, or in your search results. Without limitation to the foregoing, the Certification Service is comprised of a database of information provided solely by third parties and compiled, although not created, by Vie En Rose, and you agree that Vie En Rose has no obligation whatsoever arising out of or related to the accuracy or inaccuracy of any information provided or contained therein.
6.2 You agree that Vie En Rose has no liability whatsoever pertaining to any transaction between a user, member, patient, or other respondent to a listing, offering, or advertisement and any doctor, clinic, medicine provider, or other listing or offering owner or advertiser, or other service provider or supplier. You agree that Vie En Rose is not involved in any such transaction in any way and waive any claims you may have against Vie En Rose with respect thereto, and each of the doctor, clinic, medicine provider, advertiser, listing owner or other supplier and the patient, user or other respondent accept full responsibility as participants to such transaction to the full exclusion of Vie En Rose. You hereby indemnify and hold harmless Vie En Rose, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney’s fees and expenses), claims, losses, or other liabilities arising out of or relating to any such transaction or any dispute arising therefrom or related thereto.
6.3 Vie En Rose does not warrant that the Vie En Rose Website or any service or feature thereof will be secure, timely, uninterrupted or error free or that any data, content, information, software or other material accessible on or through the Vie En Rose Website are true, accurate, or are free of viruses or other harmful components. All use of the Vie En Rose Website and any features or services thereof are at your own risk and you are solely responsible for all damages resulting therefrom. Vie En Rose reserves the right, in its discretion, to limit or terminate your ability to access Vie En Rose services from certain regions, countries, or IP address ranges, or through certain devices, operating systems, or software. Vie En Rose reserves the right to refuse access or service to any person in its discretion.
6.4 THE VIE EN ROSE WEBSITE AND ANY SERVICES OR FEATURES AVAILABLE (A) ARE NOT INTENDED FOR “MISSION CRITICAL” APPLICATIONS OR FOR USE ON “MISSION CRITICAL” EQUIPMENT, (B) ARE PROVIDED ON AN “AS IS,” WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH ARE DISCLAIMED).
6.5 YOU HEREBY WAIVE ALL RIGHTS TO DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE VIE EN ROSE WEBSITE OR ANY SERVICES OR FEATURES AVAILABLE, REGARDLESS OF THE FORM OF CLAIM OR THEORY OF RECOVERY AND REGARDLESS IF SUCH DAMAGES ARE FORESEEABLE.
Without limiting the foregoing, in no event shall Vie En Rose, nor any officer, director, employee, sponsor or agent thereof be liable for:
(a) any damages
(i) arising in connection with the fraudulent, unlawful, or tortious acts of any third party,
(ii) that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations or transmissions,
(iii) that result from yours or any other user’s use of or inability to access your Vie En Rose account or other information or data,
(iv) that result from unauthorized access to or alteration of your submissions, transmissions, or data, or
(v) that result from your reliance upon any opinion, assertion, or other matter displayed on the Vie En Rose Website;
(b) business interruption,
(c) loss of profits or savings,
(d) loss of data, or
(e) the cost of procurement of substitute goods and services.
You agree that, notwithstanding the general limits and disclaimers set forth herein, should Vie En Rose be found liable to you for any monetary damages relating to or arising out of the Vie En Rose Website, such damages shall be limited to US$500.00 in the aggregate.
6.9 The Vie En Rose Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Vie En Rose is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Vie En Rose Website.
7. Proprietary Rights
7.1 Vie En Rose and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the Vie En Rose Website (subject to the terms hereof). Elements of the Vie En Rose Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the Vie En Rose Website may be copied or retransmitted unless expressly permitted by Vie En Rose .
7.2 Unless otherwise expressly provided herein or on the Vie En Rose Website, you may not, without the prior written consent of Vie En Rose:
(a) copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Vie En Rose Website in any form whatsoever;
(b) reproduce Vie En Rose Website content on any other website (whether framed, mirrored or otherwise and whether or not Vie En Rose is attributed as the owner);
(c) modify, translate into any language or computer language, or create derivative works from, any content or any part of the Vie En Rose Website;
(d) reverse engineer any part of the Vie En Rose Website or any software made available by Vie En Rose; or
(e) disguise the origin of the information available on or through the Vie En Rose Website.
7.3 “Vie En Rose” and “Vie En Rose Organics LLC”, together with any other services or products referenced on the Vie En Rose Website, together with all associated graphics, logos, and slogans, are either trademarks or registered trademarks of Vie En Rose or its licensors, and may not be used or reproduced without Vie En Rose’s or its licensors express prior written permission. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to Vie En Rose.
(a) shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees;
(c) shall not be modified, except by an express modification by Vie En Rose as described herein. There are no third party beneficiaries hereof. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
Last Revised on: 2/5/20
Copyright © 2018 Vie En Rose Organics LLC. and/or its suppliers, Vie En Rose 458 N Doheny Dr #69364 West Hollywood CA, 90048