FASTINCENSE.COM ONLINE POLICY (“TERMS” or “AGREEMENT”)

Welcome to fastincense.com! By entering our site or ordering from fastincense.com, you agree to these Terms as laid out below. These Terms are comprised of this Agreement, as well as the Shipping policy, which is incorporated herein by reference. You represent and warrant, and acknowledge and agree that: you are 18 years of age or older and any purchase made by you is legal in your local city and state; any products purchased on fastincense.com are purchased solely for the use stated and intended by the manufacturer; that all herbal blends and/or bulk herbs on this site are legal to sell and/or purchase in your local city and state; you agree to use, and not misuse, the purchased products for their intended purposes only; you will follow the instructions and warnings contained on any product purchased, and inform any end consumer of the same; you release fastincense.com from any liability resulting from the use, misuse, overuse or any other use by you or any end consumer of any product we offer for sale; you are the actual purchaser of products in your order(s) (and not an unnamed third party); you are legally responsible for your purchase(s) and your agreement to these Terms; all products available for purchase on fastincense.com, including any claims made on or about such products, are the responsibility of the product owner or brand, and not fastincense.com; and, you will not purchase any products offered for sale on fastincense.com for resale outside of the United States or in any location prohibited by law. Fastincense.com specializes in supplying incense sticks, cones, and incense accessories. We do not sell illegal drugs or drug paraphernalia, and none of the products sold on this site are intended to be used as or alongside illegal drugs.

OUR PRODUCTS: You understand and agree that all fastincense.com products are offered for their intended use only. If you (the Buyer) have any medical concerns or questions regarding the use of herbs or herbal blends offered on this site, please consult with a physician. Buyer agrees to take full responsibility and liability for any purchases made from Seller. Buyer agrees to take full responsibility and liability for any purchases made from Seller. Buyer agrees to indemnify and hold harmless Seller, its suppliers, employees, owners and agents from and against any and all losses, damages and expenses, including reasonable attorneys fees, which may result from the unsafe, improper or illegal use, misuse, or an unintended use of any product provided by Seller. All products sold on fastincense.com are sold and intended for use by individuals 18 years or older. Buyers must be at least 18 years of age and you understand and agree that by submitting an order to the seller via the electronic processes here-in, you are representing that you are at least 18 years of age. (We do not sell SALVIA, HERBAL INCENSE, OR ANY SYNTHETIC DRUGS).

ORDERING: For credit card purchases, you must provide the name and billing address that matches the credit card holder name and billing address; seller will void and not honor any special pricing on mismatched credit card orders.

ALL SALES ARE FINAL, NO REFUND, AND NO EXCHANGE!!!
* For other circumstances, If we agree to accept a returned order, there will be a $15 or 20% restocking fee (based on the subtotal of your order) charged, whichever is lower. Shipping fees are not refunded.

SHIPPING: See Shipping Policy Info. You agree that you are purchasing your order F.O.B. Dallas, Texas. You Authorize Us, on your behalf, to provide your order to a third party for shipping fulfilment. We intend to have all orders provided to the third party shipping fulfilment on the day received, once payment has been received if prior to the daily shipping cutoff time of the third party shipping fulfilment.

CREDIT CARD FRAUD: We will report and hold parties responsible for fraudulent orders, to the fullest extent allowed by law. Fraudulent orders include, but are not limited to, orders placed using a credit card that is not yours or one for which you do not have authority or permission to use. We will hold Buyer responsible for all of Seller’s costs and damages for fraudulent orders, including, but not limited to, attorney fees, court costs, fines and/or any other applicable fees.

PRIVACY POLICY: Fastincense.com does not sell, rent or share personal information with any third party. This is our simple promise to you.

COPYRIGHT AND TRADEMARK NOTICE: Copyright fastincense.com. All Rights Reserved. Products featured here are trademark or registered trademarks of their respective owners. The copyright in all materials provided on this site (“Web site”) is held by fastincense.com or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of fastincense.com or the copyright owner. You may not, without fastincense.com’s express written authorization, “mirror” any material contained on this web site on any other server. Any unauthorized use of any material contained on this Web site may violate copyright laws, trademark laws, applicable laws of privacy and publicity, and communications regulations and statutes. All graphics, logos, and promotions are copyright and trade- or service marks of fastincense.com. 

RESOLVING DISPUTES WITH FASTINCENSE.COM

By accepting these Terms, you are agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures (unless you opt-out), and to waive your rights to a jury trial and to participate in any class action suit. For additional terms and conditions governing a dispute between us, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, see “Other Terms Regarding Dispute Resolution” below.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“AGREEMENT”)

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN IN A COURT OR BEFORE A JURY, EXCEPT AS PROVIDED BELOW, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY ARISING OUT OF, RELATED TO OR CONCERNING THIS AGREEMENT OR OUR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

This includes any claims against other parties relating to Products provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors, including shippers) whenever you also assert claims against us in the same proceeding. You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE EARLIER OF THE DATE YOU PURCHASED ONE OF OUR PRODUCTS FROM WHATEVER SOURCE OR THE DATE YOU USED ONE OF OUR PRODUCTS (the “Opt-Out Deadline”). You must opt-out by the Opt-Out Deadline for each Product you purchase or use. You may opt-out of these arbitration procedures by sending a letter by certified mail, return receipt requested to 3200 Broadway, Suite 530, Garland, TX 75043.

In order to opt-out, you must provide your name, address, and the date on which you made a purchase at fastincense.com. You acknowledge and agree that we shall treat subsequent purchases or uses without a corresponding opt-out as not part of the same transaction or occurrence to the specific Products you enumerated and for which you opted out. Any opt-out received after the Opt-Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.

You acknowledge and agree that your opt-out of this arbitration agreement will be effective not longer than one year. Accordingly, you will be required to renew your opt-out if you purchase more Products.

For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address provided in the “How Do We Notify Each Other” Section below. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within sixty (60) days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

If we are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see the “How Do We Notify Each Other” section below) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these Terms, in which case these Terms will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within ten (10) days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under five thousand dollars ($5,000) as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.

CLASS ACTION WAIVER

TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, INCLUDING SMALL CLAIMS COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.

If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. 

If you opt-out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

JURY TRIAL WAIVER

If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

NOTIFICATIONS

You may contact us at 3200 Broadway, Suite 530, Garland, TX 75043, by sending a letter by certified mail, return receipt requested. Electronic notices, if any, are considered delivered when sent. Mail notices are considered delivered three (3) days after mailing.

To begin arbitration you must send your written demand and a copy of these Terms to the AAA and you must serve our registered agent. Our registered agent is Registered Agents Inc., 5900 Balcones Dr., Suite 100, Austin, TX 78731. To commence any other legal proceeding, you must serve our registered agent.

PROHIBITED CONDUCT

Unless explicitly permitted by fastincense.com, in writing, you acknowledge and agree that you will not purchase or use the Products in a way that we, in our sole discretion, determine:

• Misuses the Products, including uses contrary to the directions, warnings, or informed medical advice;

• Resells the Products in violation of applicable law or without original labels or warnings;

• Tampers with, alters, or otherwise modifies or interferes with the Products;

• Conflicts with applicable law;

• Is not in accordance with these Terms; or

• Attempts or assists or facilitates anyone else in any of the above activities.

CHOICE OF LAW; JURISDICTION AND VENUE

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws rules of that State. Foreign laws do not apply. You consent that Arbitration or court proceedings must be Dallas County, Texas, USA.

DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A PRODUCT YOU PURCHASE FROM US, OR A THIRD PARTY, AND TO THE EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

WE ARE NOT RESPONSIBLE FOR ANY PRODUCT ALTERED, MODIFIED OR MISUSED BY YOU OR ANYONE ELSE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY TO A MAXIMUM AMOUNT OF THREE TIMES (3X) THE AMOUNT PAID FOR THE INDIVIDUAL PRODUCTS PURCHASED AT ISSUE, INCLUDING ANY ASSOCIATED FEES WITH THE PURCHASE, SUCH AS SALES TAX. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS AGAINST FASTINCENSE.COM, AND NOT ANY OF ITS DISTRIBUTORS, MANUFACTURERS, PACKAGERS. SELLERS, RESELLERS OR AGENTS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY: YOUR FAILURE TO HEED PRODUCT WARNINGS, AT LEAST IN PART BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO FASTINCENSE.COM.

TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY CLAIMS ARISING OUT OF USE OF THE PRODUCTS, BREACH OF THE AGREEMENT, FAILURE TO HEED WARNINGS ASSOCIATED WITH THE PRODUCTS, OR VIOLATION OF ANY LAWS OR REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU.