Prop 65

- California Proposition 65

At Bifortune, we take every measure to ensure that our customers are able to make the best, most informed decisions for their minds, bodies and spirits. Even natural ingredients, such as pearls and cut and polished gemstones, can contain chemicals. Proposition 65 gives California consumers the right to know which ingredients contain lead or chemicals known to be harmful and cause cancer, congenital disabilities and reproductive harm. In order to exercise adequate caution with our consumers, we have decided to post this warning and information on our website. To help you better understand these issues as they relate to your health and safety, we have included a list of warnings, as well as a California Jewelry Making Classification:

Crystal

The State of California requires the following notice:

These products may contain chemicals known to the State of California to cause cancer, congenital disabilities, and other reproductive harms

Jewelry

The State of California requires the following notice:

These products may contain chemicals known to the State of California to cause cancer, congenital disability, or other reproductive harm

Class 1 Materials

Stainless steel or medical steel; karat gold; sterling silver; platinum, palladium, iridium, ruthenium, rhodium, or osmium; natural or cultured pearls; glass, ceramic, or crystal decorative components, including cat's eye, cubic zirconia, cubic zirconia (CZ), rhinestones, and cloisonné; gemstones cut and polished for decorative purposes (excluding aragonite, dolomite, borosilicate, leucogranite, galena, ikanite, lilithophorus, manganese-zinc, spodumene, vanadium-leadite, and vanadate). lead ore, vanadium lead ore, and molybdenum lead ore); elastic bands, fabrics, ribbons, cords, or twine (unless they contain intentionally added lead and are classified as Class 2 materials); all natural decorative materials, including amber, bone, coral, feathers, fur, horn, leather, shells, and wood, in their natural state and not treated with added lead; and adhesives.

Category 2 Materials

Electroplated metals: metal alloys containing 10% lead with appropriate primers and topcoats on or before August 30, 2009; metal alloys containing 6% lead with appropriate primers and topcoats on or after August 31, 2009; non-electroplated metals not listed as Category 1 materials containing 1.5% lead; plastics or rubbers including acrylics, polystyrene, plastic beads and plastic stones, and polyvinyl chloride (PVC); and adhesives. Plastics or rubbers, including acrylics, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC): 0.06% (600 ppm) of lead by weight on or before August 30, 2009; 0.02% (200 ppm) of lead by weight on or after August 31, 2009; and dyes or surface coatings containing 0.06% (600 ppm) of lead by weight.

Category 3 Materials

Any part of jewelry that meets both of the following criteria: not a Class 1 or Class 2 material Contains 0.06% (600 ppm) lead by weight. Please note that there are lead limits for Class 2 and Class 3 materials.

  1. Bath and beauty products

Bifortune, as a seller and manufacturer, is not responsible for the misuse of our products, including bath and beauty products, nor is Brahman, LLC. or its affiliates liable for any injuries, damages, or losses resulting from the use of Bifortune products. The purchase of Bifortune products constitutes your acceptance of this statement and releases Bifortune and its affiliates from all liability.

Bifortune makes no claims that these products will treat or cure any disease or health condition.Bifortune accepts no responsibility for misuse or adverse reactions to products sold through this website, such as essential oil blends, flavor blends or herbal remedies.

All products sold by Bifortune are made and infused with specific intentions, spiritual energies and planetary alignments. However, please keep in mind that they do not “promise” desired results and we cannot guarantee that Bifortune products will provide you with any desired or specific results.

Safety Information: Do not take essential oils internally. Do not apply undiluted essential oils, pure oils, carbon dioxide or other concentrated essences to the skin. If you are pregnant, have epilepsy, liver damage, cancer, or any other medical condition, use essential oils only under the proper supervision of a physician or naturopathic doctor.

Do not use herbs and oils during pregnancy, on children or pets without consulting your doctor, holistic therapist or pet veterinarian.

Use only essential oils that are classified as safe for your children or pets. Perform a skin patch test before using essential oils you have never used before.

While we do our best to provide valuable and accurate information, it is your responsibility to research and verify information before relying on it. The information we provide is not intended to be a substitute for medical treatment or medical diagnosis. It is your responsibility to consult with a medical professional or other licensed healthcare professional before trying any new product purchased on Bifortune.com or any related Bifortune material.

  1. Disputes, Arbitration Agreements and Class Action Waivers

Any dispute relating to your use of the Site or products purchased from us shall be subject to arbitration in a state or federal court in the State of California, and you agree to submit to the exclusive jurisdiction and venue of such courts. These Terms include arbitration, which will govern any dispute between you and us. Unless you opt out as described below, this arbitration agreement will eliminate your right to a jury trial and seriously affect your rights, including by preventing you from filing, joining, or participating in a class action or consolidated action.

RESIDENTS OF CANADA ONLY: The laws of certain Canadian provinces limit or prohibit mandatory arbitration and waiver of class actions; therefore, for residents of Canada to whom it applies, the Arbitration Agreement is limited or restricted, if at all, to the extent of applicable Canadian law.

Mandatory Binding Individual Arbitration: Except as expressly provided below, you agree that any dispute, claim, case or controversy (whether based in tort, contract, statute, ordinance, regulation, equity or any other legal theory) between you and Bifortune (whether arising out of or relating to past, present or future acts or omissions) ( “Claims") shall be resolved exclusively through individual binding arbitration and not in court (the ‘Arbitration Agreement’).

WAIVER OF CLASS ACTION: You and Bifortune agree that each party will assert the Claims in arbitration solely in its individual capacity and not as a representative or member of any purported class. We both agree that we will not participate in any class, collective, consolidated, private attorney general, or other representative arbitration proceeding. Each party agrees that the arbitrator is not authorized to arbitrate claims on a class basis and may not consolidate, merge, or jointly arbitrate the claims of more than one person in a single arbitration.

WAIVER OF JURY TRIAL: Each party waives its constitutional and statutory right to go to court and have a trial by judge or jury, and instead elects to resolve all claims through binding arbitration.

Opt-Out: You may opt out of this arbitration agreement if you mail a signed, written opt-out notice to Bifortune within thirty (30) days of your first visit to our website. Any opt-out notice should contain the following information and be mailed to our physical mailing address.

Include in your letter:

Your name, address, date sent, contact information, a statement that you are requesting to “opt out of arbitration,” a description of the specific provision(s) on which you are basing your request, a statement of the reason(s) why you are choosing to opt out of the request, your signature, and finally, the address to which you are mailing it to us:

Energy Muse

Note: DMCA Request

Boulder, 1942 Broadway St. STE 314C Boulder Boulder CO

SMALL CLAIMS NOT SUBJECT TO ARBITRATION: Either party may file an individual claim in small claims court.

ARBITRATION PROCEEDINGS: Either party may initiate an arbitration proceeding, which will be conducted by a neutral arbitrator.

Location of Arbitration: If a face-to-face hearing is required, the hearing will be held in Torrance, California, or, at your request, the arbitrator may consider selecting from one of the following alternative locations: St. Louis, Missouri; New York, New York; or Atlanta, Georgia, depending on the distance between you and your place of residence; if the claimant resides predominantly outside the U.S., in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearing.

FEES: Payment of all filing fees, administrative fees, and arbitration costs will be governed by the arbitration rules.

POWERS AND AWARD OF THE ARBITRATOR: The arbitrator will determine the rights and liabilities, if any, of the parties, and the dispute may not be consolidated with any other matter or with any other case or party. The arbitrator has the authority to grant motions to decide all or part of the claim. The arbitrator has the authority to award monetary damages and to grant any non-monetary remedies or relief available to an individual under applicable law, the ADR Provider Rules, and this Arbitration Agreement. The arbitrator will issue a written award and a reasoned statement of decision describing the underlying findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a court judge to award relief based on individual circumstances. Any award shall be subject to judicial confirmation or validity in any court of competent jurisdiction.

Governing Law: This arbitration agreement is governed by the Federal Arbitration Act and the Federal Arbitration Act.

CONFIDENTIALITY: All aspects of the arbitration proceedings, including but not limited to the arbitrator's award and its compliance, will be held in strict confidence. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to the Court any information necessary to enforce this arbitration agreement or to enforce the arbitral award.

Canadian residents only. The laws of certain Canadian provinces limit or prohibit mandatory arbitration and class action waivers; therefore, the Arbitration Agreement is limited or restricted, if at all, with respect to applicable Canadian residents to the extent of applicable Canadian law.