Terms & Conditions

AGREEMENT BETWEEN USER AND SUNSET RAINBOW

The network of Web Sites (collectively, the "SUNSET RAINBOW Web Sites") operated by SUNSET RAINBOW, LLC or its affiliates or subsidiaries ("SUNSET RAINBOW" or "STARFISH POD"), is comprised of various Web sites and Web pages. The SUNSET RAINBOW Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SUNSET RAINBOW Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SUNSET RAINBOW website included within the SUNSET RAINBOW Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the SUNSET RAINBOW Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SUNSET RAINBOW website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

MODIFICATION OF THESE TERMS OF USE.

SUNSET RAINBOW reserves the right to change the terms, conditions, and notices under which the SUNSET RAINBOW Web Sites are offered, including but not limited to the charges associated with the use of the SUNSET RAINBOW Web Sites. You are responsible for regularly reviewing these terms and conditions.

Return & Exchange Policy

With products that touch the skin, we are unable to accept returns or re-stock since we cannot verify whether the product has been contaminated. If your order is defective in some way contact us! If it is due to shipping, save all shipping materials and do not use product until the shipping issue is documented with the carrier. Contact us immediately!

For all other products: Should you find any item to be materially defective, the item must be returned at your own expense with the invoice in the same condition as it was sent within 15 days after receiving.

Damaged goods due to client negligence or items without seals will not be accepted for refund. Any return or exchange that does not meet the above criteria will be discarded or sent back to the customer, at their expense.

Include a copy of the invoice in your package. We suggest that you ship the package with insurance as we are not responsible for items lost or stolen in delivery to us.

When we receive your item we will refund your PayPal account or credit card for the cost of the product, or send you a replacement. Please note that we will not accept cosmetics that have been used or opened.

See Contact Us for our mailing address.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the SUNSET RAINBOW Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SUNSET RAINBOW Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with SUNSET RAINBOW or to purchase SUNSET RAINBOW products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of SUNSET RAINBOW is strictly prohibited.

Harassment in any manner or form on the Site or any of the SUNSET RAINBOW Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SUNSET RAINBOW employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS.

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of SUNSET RAINBOW. The collective work includes works that are licensed to SUNSET RAINBOW. Copyright 2008, 2009. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to SUNSET RAINBOW, or other respective owners that have granted SUNSET RAINBOW the right and license to use such Marks.

TYPOGRAPHICAL ERRORS.

In the event a SUNSET RAINBOW product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SUNSET RAINBOW shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. SUNSET RAINBOW shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SUNSET RAINBOW shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION.

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by SUNSET RAINBOW without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION.

SUNSET RAINBOW does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, SUNSET RAINBOW is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, SUNSET RAINBOW reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to SUNSET RAINBOW at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by SUNSET RAINBOW in accordance with SUNSET RAINBOW's Privacy Statement. The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

USER SUBMISSIONS.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications")will be considered non-confidential and non-proprietary. SUNSET RAINBOW will have no obligations with respect to the Communications. SUNSET RAINBOW and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

USER CHAT ROOMS.

SUNSET RAINBOW may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. SUNSET RAINBOW, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS.

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with SUNSET RAINBOW, SUNSET RAINBOW has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SUNSET RAINBOW. SUNSET RAINBOW has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that SUNSET RAINBOW sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, SUNSET RAINBOW seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Orders

In the event of an authorized return of any goods sold from the Site (whether at a store or to the STARFISHPOD.com Returns Department), STARFISHPOD.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and STARFISHPOD.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.

CLAIMS.

Each claim or statement about the effectiveness of SUNSET RAINBOW products and/or each claim or statement comparing the effectiveness of SUNSET RAINBOW products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

DISCLAIMER.

SUNSET RAINBOW makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SUNSET RAINBOW SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.

ALL MATERIALS AND INFORMATION PRESENTED BY STARFISHPOD.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT STARFISHPOD.COM.

The actual color of products that appear on the site will depend on a number of factors including the monitor that you use and the settings on the monitor. SUNSET RAINBOW does not guarantee that the display of any color will be accurate.

In providing product information to its customers, STARFISHPOD.com relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

SUNSET RAINBOW does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUNSET RAINBOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SUNSET RAINBOW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUNSET RAINBOW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL SUNSET RAINBOW BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SUNSET RAINBOW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless SUNSET RAINBOW, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

APPLICABLE LAWS.

Your use of this Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of SUNSET RAINBOW products) shall be in the state or federal courts serving Sarasota, Florida. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of SUNSET RAINBOW products) must be commenced within one (1) year after the claim or cause of action arises. SUNSET RAINBOW's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SUNSET RAINBOW may assign its rights and duties under this Agreement to any party at any time without notice to you.

SUNSET RAINBOW makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.

ARBITRATION.

By using this Site, you agree that SUNSET RAINBOW, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL.

SUNSET RAINBOW may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.