Terms of Service
Welcome to the Mineral Fusion website.
Mineral Fusion and other names and logos used for Mineral Fusion or its products or services are Mineral Fusion's trademarks in the United States and other countries. Mineral Fusion's trademarks may not be used without Mineral Fusion's prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages Mineral Fusion or its products or services. Trademarks and trade names on the Site that are not owned by Mineral Fusion are the property of third parties, who may or may not be affiliated with Mineral Fusion.
All content on the Site, including, without limitation, the text, graphics, images, audio, video, logos and icons, and the compilation and layout of content on the Site, is the property of Mineral Fusion and protected under United States and international copyright laws. Software used on the Site is the property of Mineral Fusion or its software vendors and is protected under United States and international copyright laws.
Access and Use of the Site
Mineral Fusion grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site's content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to Mineral Fusion's prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by Mineral Fusion, provided that such link does not disparage or defame Mineral Fusion or its products or services, and that you remove any such link upon demand by Mineral Fusion. You agree not to use the Site in any manner that would (a) adversely affect the Site's resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site. Mineral Fusion does not sell products to children, but to adults who can make purchases with a credit card or other permitted method of payment. If you are under 18, you may access and use the Site only under the supervision of a parent or guardian.
Product reviews, comments and other content posted or submitted by you or third parties ("Submissions") may be available on or through the Site. You acknowledge that such third party Submissions are not endorsed by Mineral Fusion and do not reflect the opinion, recommendation or advice of Mineral Fusion in any manner, and agree that Mineral Fusion is not responsible for, and has no liability in connection with, the Submissions. If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.
You agree that any Submissions you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or "spam." You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Submission.
You grant Mineral Fusion an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Submissions you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with a Submission, in Mineral Fusion's discretion.
You warrant that you own or control all of the rights in and to your Submissions and that use of your Submissions does not violate these Terms and will not cause damage or injury to any person or entity. You agree to indemnify Mineral Fusion for all claims resulting from or in connection with your Submissions.
Mineral Fusion has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. Mineral Fusion is not responsible for, and assumes no liability for, any Submissions or other content posted by you or any third party.
By accessing or visiting the Site, registering for the Mineral Fusion newsletter, sending an e-mail to Mineral Fusion or otherwise communicating with Mineral Fusion through the Site, you are communicating with Mineral Fusion electronically, and you agree to receive electronic communication from Mineral Fusion, by e-mail and by posting to the Site. You agree that any electronic communication from Mineral Fusion satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Mineral Fusion or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that Mineral Fusion shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.
If you believe any content on the Site infringes your copyright interest,please provide the Mineral Fusion Copyright Agent with the following information in writing:
* A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
* A description of where the allegedly infringing content is located on the Site.
* Your address, telephone number and e-mail address.
* Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
* Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Mineral Fusion's Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
Mineral Fusion Natural Brands, LLC
1470 Cader Lane, Petaluma, CA 94954
Mineral Fusion uses reasonable efforts to ensure that product descriptions are accurate and complete. However, Mineral Fusion does not warrant that any product description or other content on the Site is accurate, complete, current or without error. If a product is not as described on the Site, your sole remedy is to return the product in an unused, undamaged condition.
The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. Mineral Fusion is not responsible for the content of any third party site or for the practices of its owner or operator.
Disclaimer of Warranties/Limitation of Liability
THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." MINERAL FUSION DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MINERAL FUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MINERAL FUSION DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL MINERAL FUSION BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF MINERAL FUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MINERAL FUSION'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
The Site is controlled and operated by Mineral Fusion, LLC from its headquarters in Petaluma, CA, USA. Mineral Fusion makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. Mineral Fusion reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.
These Terms, as they may be amended from time to time, set forth the entire understanding of you and Mineral Fusion as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The following terms and conditions (the "Terms") apply to the purchase and use of Mineral Fusion Gift Cards and eGift Cards (collectively, "Gift Cards"). Your purchase and use of the Gift Cards constitutes your agreement to follow and be bound by these Terms. Gift Cards denominated in U.S. dollars are issued by BWX Brands USA, Inc. ("U.S. Gift Cards").
Redemption & Use
U.S. Gift Cards are redeemable online at MineralFusion.com. Gift Cards may not be returned or applied as payment on any account. Gift Cards may not be redeemed for cash except as required by law.
Expiration & Fees
Gift Cards do not expire, and there are no fees associated with them.
Lost, Damaged or Stolen Cards & Fraud
If lost, stolen or damaged, Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. Mineral Fusion will not be responsible if your Gift Card is used without your permission. If we learn our customers were negatively impacted by an issue with our Gift Card systems, we’ll work quickly to take care of them. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Mineral Fusion and its affiliates reserve the right to refuse to accept Gift Cards that Mineral Fusion suspects or believes were obtained fraudulently.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND MINERAL FUSION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MINERAL FUSION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. MINERAL FUSION AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT MINERAL FUSION OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Cards or these Terms will be resolved entirely through binding individual arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MINERAL FUSION WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.
We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.