TERMS AND CONDITIONS
Welcome to Alchemessence!
Alchemessence is owned and operated by Juniper Stokes Creative, LLC.
These are the terms and conditions for:
By accessing our website, buying our products, and using our services, you agree to be bound by these Terms and Conditions and our Privacy Policy. In these Terms, "we", "us", "our" and "Alchemessence" refers to Alchemessence and "you" and “your" refers to you, the user of our website, products, and services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, OR SERVICES.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Alchemessence. By using Alchemessence, you agree to be bound by this agreement. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Alchemessence. You agree to be bound by any modification to this agreement when you use Alchemessence after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that your use of the services does not violate any applicable law or regulation. Alchemessence may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services and the website is revoked in such jurisdictions.
ELIGIBLITY
You may use the website and buy the products and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations
It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By using the services and buying the products, you represent and warrant that you have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
ALCHEMESSENCE
Alchemessence is owned and operated by Juniper Stokes Creative, LLC.
Alchemessence offers through this website products, content and services.
DISCLAIMER
By hiring Alchemessence services and/or buying the products, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information, products, and services available on Alchemessence website. You agree to use judgment and conduct due diligence before taking any action or implementing any program or advice suggested or recommended through the services
You agree that Alchemessence has not guaranteed the results of any action taken, whether or not such action is recommended on this website. Alchemessence provides educational and informational resources. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and countless other circumstances beyond the control of Alchemessence.
ACCOUNT
If you register on Alchemessence, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Alchemessence of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Alchemessence. Alchemessence will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Alchemessence with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you can revoke your consent to receive emails at any time using the “Unsubscribe” link, found at the bottom of every email. Unsubscribe may prevent you from receiving emails about updates, upgrades, or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Alchemessence. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Alchemessence.
Alchemessence reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Alchemessence believes that you have breached any of these terms, furnished Alchemessence with false or misleading information, or interfered with use of the website or the service by others.
ORDERS
When you order products, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Please check the price, sizes and variations of the products correctly before ordering.
When a user places an order, Alchemessence will send that user an email to confirm that the order has been received. This confirmation email will be produced automatically so that the user has confirmation of the order details of the products. If the product is not available, the order will be cancelled.
Alchemessence may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue availability of products at any time in her sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
By placing an order with us, you are offering to purchase a product, representing that you are of legal age to form a binding contract, and representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify, or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order purchase and if the order is cancelled, we will credit your account in the amount of the incorrect price.
SERVICES
When you place an order, you are offering to buy the service for the advertised price, according to the features offered by Alchemessence. Please check the price and features of the services before placing an order.
When a website user places an order, Alchemessence will send that user an email to confirm that the order for the service or program purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their service details.
Alchemessence may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the services at any time at its sole discretion. If an order is cancelled, any payment made for the service or program will be refunded in full. This does not affect your Statutory Rights.
PRICES
Alchemessence reserves the right to determine the price of the services and products. Alchemessence will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Alchemessence may change the fees for any product or service, including additional fees or charges. Alchemessence, at its sole discretion, may make promotional offers with different features and different pricing to any of Alchemessence users.
PAYMENTS
All payments to Alchemessence are handled securely. The services and products will be paid through PayPal, Stripe, Square, and Venmo (payment platforms available on Alchemessence).
Payment will be debited from your credit card, debit card or PayPal account immediately on you placing the order for the service or product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services and products. Alchemessence reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services and products.
PRODUCT DESCRIPTIONS
Alchemessence attempts to be as accurate as possible. However, Alchemessence does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free.
THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
BLOGGER’S COPYRIGHT
Unless otherwise stated, as above, all content on Alchemessence is exclusive content of its owner. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Alchemessence, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Alchemessence and protected by international copyright laws. All software used on this site is the property of Alchemessence or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
COPYRIGHT COMPLAINTS
Alchemessence respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Alchemessence website infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Alchemessence may find it on the Alchemessence Site. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Alchemessence or licensed to the Alchemessence by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Alchemessence;
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. Deep-link to any portion of the Services for any purpose without our express written permission;
vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Alchemessence in connection with the services;
viii. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
ix. Download any Content unless it’s expressly made available for download by Alchemessence.
DISCLAIMER OF WARRANTIES
Alchemessence will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Alchemessence provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Alchemessence for any loss or damage caused as a result.
Alchemessence will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war, or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Alchemessence excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Alchemessence and Alchemessence shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Alchemessence.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through The Website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Alchemessence.
All representations, warranties, conditions and other terms which but for this notice would have effect.
ALCHEMESSENCE AND THIRD PARTIES
Alchemessence contains Content of third-party licensors to Alchemessence, which is protected by copyright, trademark, patent, trade secret and other laws. Alchemessence owns and retains all rights, title and interest in the Content. Alchemessence hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Alchemessence or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Alchemessence and using the Service.
Any dealings with third parties included within or on Alchemessence involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Alchemessence is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Alchemessence does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Alchemessence or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Alchemessence is provided to you for informational purposes only. Alchemessence encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Alchemessence works to ensure the information on Alchemessence is current and accurate.
NON-COMMERCIAL USE
The services may not be used in connection with any commercial purposes, except as specifically approved by Alchemessence. Unauthorized framing of or linking to any of Alchemessence is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
SECURITY COMPONENTS
You understand that Alchemessence and software embodied within Alchemessence may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Alchemessence and/or content providers who provide content to Alchemessence platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Alchemessence.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Alchemessence for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
LIMITATION OF LIABILITY
Achemessence shall, under no circumstance, be liable for any direct, indirect, special, incidental, or consequential damages of any kind arising from, or in connection to, the use, misuse, or inability to use the materials and products available on said website. In no event shall Alchemessence total liability exceed the amount paid by the user for the materials or products. Alchemessence is not responsible for mail service transit time. Transit times are provided by the carrier, exclude weekends and holidays, and may vary with package origin and destination, particularly during peak periods. Alchemessence is not responsible for products damaged during shipment by USPS, Fed EX or USPS.
INDEMNIFICATION
You agree to defend, indemnify, and hold Alchemessence its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
You agree to defend and indemnify Alchemessence from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the Alchemessence services and products.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Alchemessence without restriction.
INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Alchemessence, shall constitute the entire agreement between you and Alchemessence concerning and governs your use of the platform and website.
DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Alchemessence website, will be settled by binding arbitration between you and Alchemessence, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Alchemessence retains the right choose the location of any arbitration or court proceedings.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONS
These Terms are governed by the USA law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
CONTACT US
If you have questions or concerns about these terms please contact us through our contact page or contact us at:
juniper@alchemessence.com
Intellectual Property (IP) Clause
1. Ownership of Content:
a. All content, including but not limited to text, images, videos, audio, graphics, software, and any other material available on this website, is the intellectual property of Juniper Stokes Creative, LLC unless otherwise stated.
2. Individual Sessions and Group Programs:
a. Any materials provided during individual sessions, group programs, or any other interactive sessions are the proprietary information of Juniper Stokes Creative, LLC.
3. Online Courses and Written Material:
a. All online courses and written materials, including blog posts and educational content, are the exclusive property of Juniper Stokes Creative, LLC. Unauthorized reproduction or distribution is strictly prohibited.
4. Original Art:
a. Original artworks featured on this website, whether digital or physical, are the copyrighted property of the respective artist or Juniper Stokes Creative, LLC, as explicitly indicated.
5. Physical Products:
a. The design, branding, and any accompanying intellectual property associated with physical products available for purchase on this website are owned by Juniper Stokes Creative, LLC. Reproduction or resale without explicit permission is prohibited.
6. User-Generated Content:
a. Users may submit content such as reviews, comments, or testimonials. By submitting such content, users grant Juniper Stokes Creative, LLC a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
7. Limited License:
a. Users are granted a limited, non-exclusive, and revocable license to access and use the content on this website for personal or non-commercial purposes. Any other use without express written permission is prohibited.
8. Trademarks:
a. All trademarks, service marks, logos, and trade names on this website are the property of Juniper Stokes Creative, LLC or their respective owners. Use without permission is strictly prohibited.
9. Reporting Copyright Infringement:
a. If you believe that any content on this website infringes upon your copyright, please contact us at juniper@alchemessence.com with the following information: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; and (iii) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner.
10. Changes to the IP Clause:
a. Juniper Stokes Creative, LLC reserves the right to update or modify this IP clause at any time without prior notice. Users are encouraged to review this section periodically for any changes.
By accessing and using this website, you agree to abide by the terms outlined in this Intellectual Property clause.
Last updated: 1/16/24