Thank you for visiting the American Essence’s Terms of Service.
AMERICAN ESSENCE is published by THE EPOCH TIMES ASSOCIATION, INC. (“American Essence”, “Epoch Times”, “our”, “us”, or “we”). Epoch Times owns and operates https://www.americanessence.com and its associated websites and mobile sites (“Site”, or, collectively, “Sites”).
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED BELOR AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.
The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.
1. ENTIRE AGREEMENT. This Agreement and our Data Protection & Privacy Policy and any other agreement we may post on the Services from time to time comprise the entire agreement between User and Us, and supersedes any and all prior agreements between the parties (including but not limited to any prior versions of this Agreement). By using our Services, including the Sites, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement our Data Protection & Privacy Policy, Digital and Magazine Subscription Terms of Service and all applicable laws, rules, and regulations.
2. DESCRIPTION OF SERVICE. We provide through our Sites and our printed magazine, articles, information, videos, images and all other services (collectively, the “Services”). Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE. We reserve the right at any time, to modify or discontinue the Services temporarily or permanently with or without notice and for any reason. We shall not be liable to any User or any third party should we exercise our right to modify or discontinue any Services provided.
We also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://www.americanessence.com/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.
4. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
5. DELIVERY.
The American Essence Magazine is published bimonthly and mailed at the beginning of each month via USPS. The estimated time of delivery varies depending on the month you place the order. You should receive your first issue two to twelve weeks after you subscribe. The publishing months each year are January, March, May, July, September, and November.
If you do not receive your magazine by the 25th of the month, please report the delivery issue HERE.
6. CONTENT OWNERSHIP. The content on our website or printed magazine, including but not limited to, photos, articles, and site layout, as well as all logos of Epoch Times or American Essence appearing on the American Essence’s website (the “Site Content”), are the exclusive property of Epoch Times and are protected by copyright and trademark law.
7. CONTENT RESPONSIBILITY. We reserve the right to modify and update the Site Content or Services at any time, including to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. PAYMENTS. Suscribers will automatically be charged in advance based on their subscription plan. Payment is due and will be charged at the beginning of each billing cycle unless canceled. All subscriptions with up-to-date payment methods will renew automatically.
Additionally, these payment terms apply to your purchase and you agree to them:
(a) Charges. If there is a charge associated with your subscription or a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you.
(b) Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit us to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
(c) Billing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Services using your payment method; We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
(d) Recurring Payments. Unless otherwise required by law, when you purchase the Services a yearly subscription, you agree that you are authorizing recurring payments, and payments will be made to American Essence by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. You must cancel your Services before the next billing date to stop being charged to continue your Services. By authorizing recurring payments, you are authorizing us to store your payment instrument and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we reserve the right to collect any applicable payment, return item, rejection or insufficient funds fee.
9. REFUND POLICY. All purchases are final and non-refundable. No exceptions. In the event of a cancellation, no future payments will be charged, but we will not refund a prorated amount of the subscription for the days between the cancelation and the end of the current billing cycle. Missing magazines or other delivery issues will not affect the cancellation terms. However, American Essence grants subscription extensions for all missing products. Purchased materials will continue to be delivered throughout the remainder of the current subscription, unless a request is made to stop receiving the products.
10. TERMINATION. If you are subscribed to any of our Services, You may notify us of your intent to terminate your subscription at any time; your cancellation will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; however, your use of the Services and benefits subscribed to will continue for the remainder of the current billing period unless You request an immediate termination.
We may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if Epoch Times believes that you have violated any law or the spirit of this Agreement.
You might contact our Customer Service Hotline 1(888) 805-0203 from Monday to Friday from 9am to 6pm EST or Saturdays from 10am to 3pm EST.
Or send a request for help HERE [https://help.theepochtimes.com/hc/en-us/requests/new]
11. CUSTOMER SERVICE. Any phone communications between you and American Essence staff may be recorded for training purposes.
Any subsequent communication between you and American Essence staff in any form may be used for training purposes.
By providing your email and phone number, you have automatically opted-in to our marketing and customer service emails and texts. You can opt-out of these notifications at any time.
We reserve the right to make changes to our print and digital products at any time.
12. ADVERTISEMENTS AND PROMOTIONS. Epoch Times runs advertisements and promotions. Except as otherwise provided by law, by providing your information, you agree that Epoch Times has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by Epoch Times is subject to change. We are not responsible for the content of any advertisement appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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. You agree that Epoch Times shall not be 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 advertisers on the Services.
13. PRIVACY POLICY. Our Privacy Policy is incorporated by reference in this Agreement. Please refer to our Privacy Policy for information as to how we may collect, process, and use Users’ personal information in relation to the Services provided.
14. EPOCH TIMES MAGAZINE GROUP PROPRIETARY RIGHTS. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Epoch Times or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
15. INDEMNITY. You agree to indemnify and hold American Essence, Epoch Times Magazine Group, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content or links, your use of the Services, your violation of this Agreement, or your violation of any rights of another.
16. DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPOCH TIMES 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. EPOCH TIMES MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EPOCH TIMES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY. EPOCH TIMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. NOTICE. All notices to a party shall be in writing and shall be made either via email or conventional mail. Epoch Times may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.
19. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Epoch Times as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Epoch Times shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Epoch Times in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
20. LAWS. This Agreement shall be governed by and construed in accordance with the laws of the state of New York. You agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York.
21. VIOLATIONS. Please report any violations of this Agreement to administrators [HERE]
22. Notice of Infringement. We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.
23. COPYRIGHT AND TRADEMARK. Website copyright notice: This website is the copyrighted property of Epoch Times and various third party providers and distributors (“Suppliers”). All rights reserved.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.
24. GENERAL INFORMATION. If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Epoch Times’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Epoch Times in writing. User and Epoch Times agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If Epoch Times takes any action to enforce this Agreement, Epoch Times, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Epoch Times may be entitled.
May 2024
