Terms of Service

Emerald Botanical Oils Terms of Service

Welcome to Emerald Botanical Oils!

Your relationship with Emerald Botanical Oils.

1.1 Your use of this site, emeraldbotanicaloils.com (the “Site”), and your purchase of essential oils and related products through the Site (the “Products”), is subject to the terms of a legal agreement between you and Emerald Botanical Oils, Inc., a California corporation (referred to as “Emerald Botanical Oils” or “we” or “us”). This document explains how the agreement is made up, and sets out the terms of that agreement.

1.2 Unless otherwise agreed in writing with Emerald Botanical Oils, your agreement with Emerald Botanical Oils will always include, at a minimum, the terms and conditions set out in this document and the Privacy Policy. These are referred to below as the “Terms”. Your agreement with Emerald Botanical Oils will also include the terms of any other written agreements between you and Emerald Botanical Oils that incorporate these Terms by reference.

1.3 You will need to register with us in order to purchase Products. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account. You shall not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You agree that you will be solely responsible to Emerald Botanical Oils for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Emerald Botanical Oils immediately at info@emeraldbotanicaloils.com

1.4 You consent to receive communications from us electronically. You agree to ensure the email address provided in your account registration is valid at all times and to keep your contact information accurate and up-to-date. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Accepting and Amending the Terms.

2.1 In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not accept the Terms.

2.2 You may accept the Terms by any of the following:

(a) Clicking to accept or agree to the Terms, where this option is made available to you by Emerald Botanical Oils in the user interface.

(b) Clicking to accept or agree to another contract between you and Emerald Botanical Oils that incorporates these Terms by reference.

(b) Actually using the Site. In this case, you understand and agree that Emerald Botanical Oils will treat your use of the Site as acceptance of the Terms from that point onwards.

2.3 (a) You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and to accept these Terms. If you are under the age of 18 (or the applicable age of majority in your jurisdiction) but are at least 13 years of age, you may use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are less than 13 years of age, you may not use the Site at all.

(b) By using the Site, you represent and warrant that you satisfy these requirements and have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

2.4 EMERALD BOTANICAL OILS MAY AMEND THESE TERMS AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SITE. EXCEPT AS STATED ELSEWHERE IN THESE TERMS, ALL AMENDED TERMS SHALL BE EFFECTIVE WHEN THEY ARE POSTED. BY CONTINUING TO USE THE SERVICES AFTER THESE AMENDED TERMS TAKE EFFECT, OR BY CLICKING TO ACCEPT OR AGREE TO THE AMENDED TERMS, YOU CONSENT TO THESE CHANGES.

2.5 WE MAY AMEND THESE TERMS AT ANY TIME. When we post amendments to these terms, we will revise the “last updated” date at the top of these Terms and post a notice on the home page of the Site. If you have established a user account with us, we will also notify you by sending an email to the email address you most recently provided us in your account profile (unless we do not have such an email address). We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address or failed to update your address, or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to visit this page periodically to monitor any changes. All amended Terms shall be effective when posted on the Site unless otherwise specified by Emerald Botanical Oils. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

2.6 Before you continue, you should print off or save a local copy of the current Terms for your records.

Purchasing Products.

3.1 If you purchase any Products from us through the Site, you acknowledge and agree that the terms of this Section shall apply to your Purchase in addition to the remainder of the Terms.

3.2 You agree to pay for the Products you purchase at the prices listed on the Site. Payment is due when you place your order. You also agree to pay for shipping at the rates specified on the Site.

3.3 Title to any Products that you purchase (together with risk of loss) will pass to you upon our delivery to the carrier.

3.4 We charge sales tax on sales of the Products as required by law. 

3.5 THE DESCRIPTIONS OF OUR PRODUCTS AND OF THE POTENTIAL BENEFITS OF USING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. OUR PRODUCTS ARE FOR EXTERNAL USE ONLY. YOU SHOULD SEEK MEDICAL ATTENTION IMMEDIATELY IF YOU EXPERIENCE A SKIN RASH OR ANY OTHER ADVERSE REACTION AFTER USING ONE OF OUR PRODUCTS.

3.6 WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS BUT WE DO NOT WARRANT THAT DESCRIPTIONS, COLORS, OR ANY OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF WE PROVIDED A SAMPLE TO YOU OR TO ANY OTHER POTENTIAL BUYER, THAT SAMPLE WAS USED MERELY TO ILLUSTRATE THE GENERAL TYPE AND QUALITY OF THE APPLICABLE PRODUCT AND NOT TO REPRESENT THAT THE PRODUCT WOULD NECESSARILY CONFORM TO THE SAMPLE IN ALL RESPECTS.

3.7 YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE PURCHASED BY YOU “AS IS.” EMERALD BOTANICAL OILS DOES NOT WARRANT THAT THEY ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE.

3.8 (a) If you are not completely satisfied with your purchase, you may return it within 30 days of purchase. We will either replace your item or (at our discretion) provide you with a credit (in an amount equal to the purchase price) towards the purchase of any other Product.

(b) Please return merchandise packed in its original shipping box. Be sure to insure your package for the full value of the merchandise. Only items purchased on the Site may be accepted for return or exchange. We will not accept any merchandise purchased from any other vendor, such as a store or spa. Shipping and handling costs will not be refunded.

(c) YOU ACKNOWLEDGE AND AGREE THAT REPLACEMENT OR STORE CREDIT WILL BE YOUR SOLE REMEDY WITH REGARD TO ANY NONCONFORMING OR DEFECTIVE PRODUCT. You will not be entitled to any other remedy, such as consequential damages, that would otherwise be available under applicable law. You acknowledge and agree that the limitations of liability set forth in this section and elsewhere in these terms are reasonable in light of the fact that the Products are personal care products and are not intended to diagnose, treat, cure, or prevent any disease.

3.9 If your package is damaged during shipping, save the box and the merchandise and notify us immediately at info@emeraldbotanicaloils.com. Please include your order number for the most expedient service. The carrier will inspect and pick up the damaged package and the damaged item will be replaced.

Your use of the Site.

4.1 In order to access the Site or purchase Products, you may be required to provide information about yourself (such your name, age, and contact details). You agree that any information you provide to Emerald Botanical Oils will be accurate, correct and up to date.

4.2 You agree to use the Site only for purposes that are permitted by the Terms and by applicable law (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) the Site by any means other than as authorized by Emerald Botanical Oils. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers).

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).

4.5 Unless you have been specifically permitted to do so in a separate agreement with Emerald Botanical Oils, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose.

4.6 You acknowledge and agree that Emerald Botanical Oils may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform Emerald Botanical Oils when you stop using the Site.

4.7 You may find links to other websites or resources on the Site. You acknowledge and agree that Emerald Botanical Oils is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Emerald Botanical Oils will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your Privacy, Passwords and Account Security.

5.1 You agree and understand that you are responsible for maintaining the confidentiality of any passwords that you use to access the Site and any credit card information or similar payment information that you use to purchase Products. Accordingly, you agree that you will be solely responsible to Emerald Botanical Oils for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Emerald Botanical Oils immediately at info@emeraldbotanicaloils.com

5.2 For information about our data protection practices, please read our Privacy Policy. This policy explains how Emerald Botanical Oils treats your personal information, and protects your privacy, when you use the Site. You agree to the use of your data in accordance with the Privacy Policy, which is incorporated by reference.

Submissions and User Content.

6.1 For purposes of these Terms:

(a) “Content” means and includes all web pages and other information which you may have access to as part of, or through your use of, the Site.

(b) “Submissions” means any ideas, information, ratings, feedback, messages, questions, comments, suggestions, or other data provided by you in connection with the Site.

6.2 All Submissions that are uploaded, published, displayed, transmitted, posted or submitted on, to, or through the Site will be subject to the Terms. This includes (but is not limited to) messages that you send by means of the Site.

6.3 You are solely responsible for the Submissions that you provide. You represent, warrant and agree that, with respect to any Submissions provided by you: (a) You own or otherwise have the right to grant the license set forth below with respect to such Submissions. (b) Such Submissions do not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person. (c) Such Submissions are true and correct, and are not false or misleading in any way.

6.4 You agree not to upload, post or otherwise transmit Submissions that: (a) are misleading, untruthful, abusive, obscene pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Emerald Botanical Oils or other users of the website; (b) include unauthorized disclosure of personal information; (c) violate or infringe upon anyone's intellectual property rights; (d) contain software viruses or any other malicious code; or (e) are contrary to applicable local, federal, or international laws and regulations.

6.5 Any and all Submissions shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any Submissions, you hereby grant to Emerald Botanical Oils a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such Submissions for any purpose whatsoever, and to disclose your first name, first initial of your last name, and your general location (city, state and/or country) in connection with such use. By way of example, but not limitation, Emerald Botanical Oils may use your Submissions to develop and improve the Site or for purposes of advertising or promotions. Emerald Botanical Oils shall be free to use anything contained in your Submissions for any purpose whatsoever. This license does not entitle you to any payment from Emerald Botanical Oils for any reason. Emerald Botanical Oils is not obligated to publish, display or post any Submissions publicly.

6.6 You understand and agree that all Content provided by third parties (such as other users) is the sole responsibility of the person from which such Content originated. Emerald Botanical Oils does not guarantee the truthfulness, accuracy or appropriateness of any Content provided by third parties, even if such Content is displayed on the Site.

6.7 Emerald Botanical Oils has the right (but not the obligation) to edit or remove Submissions or other Content that violate these Terms or that contain third-party commercial advertisements.

Proprietary rights.

7.1 You acknowledge and agree that Emerald Botanical Oils (or our licensors) own all legal right, title and interest in and to the Site, including any copyright, trademark, or other intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Subject to your compliance with the Terms, Emerald Botanical Oils grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site.

7.2 Unless you have agreed otherwise in writing with Emerald Botanical Oils, nothing in the Terms gives you a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features belonging to Emerald Botanical Oils or our licensors.

7.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

EXCLUSION OF WARRANTIES.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EMERALD BOTANICAL OILS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EMERALD BOTANICAL OILS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EMERALD BOTANICAL OILS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE AND/OR THE PRODUCTS. EMERALD BOTANICAL OILS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ELECTRONIC COMMUNICATIONS SENT FROM EMERALD BOTANICAL OILS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMERALD BOTANICAL OILS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMERALD BOTANICAL OILS OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

IF YOU PURCHASE A PRODUCT FROM US, YOU ACKNOWLEDGE THAT THE EXCLUSION OF WARRANTIES SET FORTH IN ARTICLE 3 SHALL ALSO APPLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY.

9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMERALD BOTANICAL OILS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR FAILURE TO PROVIDE EMERALD BOTANICAL OILS WITH ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

(C) ANY LOSS OR DAMAGE CAUSED BY HACKERS OR OTHERS WHO GAIN UNAUTHORIZED ACCESS TO OUR NETWORK. ALTHOUGH WE TAKE REASONABLE STEPS TO SAFEGUARD AND PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION AND SIMILAR DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS. YOU ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF IDENTITY THEFT, RELATING THE MAINTENANCE OF YOUR DATA ON OUR NETWORK.

9.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EMERALD BOTANICAL OILS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, AND LICENSORS) TO YOU UNDER ANY CAUSE OF ACTION OR CAUSES OF ACTION EXCEED $10,000.00.

9.3 THE LIMITATIONS ON EMERALD BOTANICAL OILS’ LIABILITY (AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) TO YOU SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT EMERALD BOTANICAL OILS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9.4 THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EMERALD BOTANICAL OILS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) FROM ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM OR RELATE TO (A) YOUR USE OF THE SITE; (B) YOUR VIOLATION OR BREACH OF ANY OF THE TERMS; OR (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

Ending your relationship with Emerald Botanical Oils. Emerald Botanical Oils may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, which may result in the loss of all information associated with your use of the Site. If you wish to terminate your use of the Site, you may do so at any time. You do not need to specifically inform Emerald Botanical Oils when you stop using the Site. These Terms shall survive termination of your use of the Site.

Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is Kristina Plisik, who can be reached as follows:

By e-mail:info@emeraldbotanicaloils.com

Advertisements. Emerald Botanical Oils may run advertisements and promotions from third parties on the Site. These advertisements and promotions may be targeted to you and other users of the Site based on the content of information stored on the Site, queries made through the Site, or other information. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Emerald Botanical Oils found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Emerald Botanical Oils 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 non-Emerald Botanical Oils advertisers on the Site.

General legal terms.

14.1 Unless otherwise agreed between you and Emerald Botanical Oils in writing, the Terms (including the Privacy Policy) are intended by the parties as a final expression of their agreement concerning the matters contained herein, and are also intended as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain the Terms. Acceptance or acquiescence in a course of performance rendered under the Terms shall not be relevant to determine the meaning of the Terms even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. The Terms may not be amended except by means of a written agreement signed by both parties. No waiver of any provision of the Terms shall be construed to imply a continuing waiver of that provision, nor a waiver of any other provision.

14.2 Any legal action arising in connection with the Terms, whether (but not limited to) alleging breach of contract, tort, negligence, strict liability, products liability, or any other theory of liability, must be commenced within one (1) year after the earlier of the following: (a) we tender delivery of the Products to the carrier (if applicable); or (b) the occurrence of the event upon which the liability is alleged.

14.3 You agree that Emerald Botanical Oils may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site, subject to the provisions of these Terms.

14.4 All terms and conditions of the Terms shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. Unless the context clearly requires otherwise, all references in the Terms to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words "shall," "will," or "agrees" are mandatory, and the word "may" is permissive; the word "or" is not exclusive; the words "includes" and "including" are not limiting; and the words "day" or "days" refer to calendar days. Headings are provided for convenience only and shall not be considered in interpreting the Terms.

14.5 (a) The parties hereby consent to the jurisdiction of the State of California, and agree that any disputes relating to this Agreement shall be resolved in the courts of the State of California, to the exclusion of any other jurisdiction, by judicial reference pursuant to the provisions of the California Code of Civil Procedure Section 638, et seq.

(b) Any party may commence a reference by sending a written demand for reference to the other parties. Such demand shall set forth the nature of the matter to be resolved by reference. The place of reference shall be Contra Costa County, California, unless otherwise agreed by the parties.

(c) The parties shall negotiate in good faith to agree upon a single referee. If the parties are unable to agree upon a referee, either party may seek to have one appointed pursuant to Sections 639 and 640 of the California Code of Civil Procedure. The referee shall then try all issues, whether of fact or law, and report in writing a finding and judgment thereon.

(d) The parties shall share equally all initial costs of reference. However, the prevailing party shall be entitled to reimbursement of attorney fees, expert witness fees, costs, and expenses incurred in connection with the reference (or litigation, if the parties waive their right to a reference).

(e) Judgment may be entered upon the referee’s final decision in accordance with applicable law in any court having jurisdiction thereof. The referee (if permitted under applicable law) or such court may issue a writ of execution or other applicable remedy to enforce the referee’s decision.

(f) The parties agree that each party shall have the right to cause an appeal to be taken from the judgment entered on the referee’s decision to an appellate court of competent jurisdiction in the same manner as a judicial appeal arising out of an order or judgment from the Superior Court of California in a civil action, and all of the same rules, rights and remedies shall be applied to both parties with respect to any such appeal (including matters of fact, matters of law, standards for review and substantive and procedural laws).

14.6 In the event any party hereto shall bring any action or proceeding against any other party (or permitted assignee) in connection with the Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, in addition to any other relief to which that party may be entitled.

14.7 The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you without the prior written consent of Emerald Botanical Oils, but may be assigned by Emerald Botanical Oils without restriction. The Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Contact Us. If you have questions, comments or need any additional information, please contact us at info@emeraldbotanicaloils.com

Effective Date. These Terms are effective as of 11/2/2016.