Last Updated and effective as of: January 21, 2020
Information provided on the Websites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Operator to any registration requirement within such jurisdiction or country. Persons who choose to access the Websites from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicablE
Representations and Warranties by You
Use of Site Materials
You agree that any electronic or printed information, data, images, videos, photographs, artwork or other content contained on the Websites (“Site Materials”), constitute the copyrighted or copyrightable and proprietary property of Operator or third parties. You may only use the Site Materials solely for your private use to view the content as it appears on the Websites and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to Operator in the United States and other countries and may not be used by you or anyone for any purpose without Operator’s prior express written consent
Your Use of the Websites
Operator reserves the right, without notice and in its sole discretion, to terminate your access and use of the Websites, and to block or prevent future access to and use of the Websites. You do not have the right to, and agree that you will not:
- publish, publicly perform or display, make derivative uses of, or distribute to any third party the Websites or any Site Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of the Websites or any Site Materials;
- systematically collect and use any data or content including through the use of any spiders, scrapers, robots, automated processes, or similar data gathering, mining or extraction methods;
- interfere with the proper working of the Websites; or
- use, frame or utilize framing techniques to enclose any portion of the Websites (including the images found at the Websites or any text or the layout/design of any page or form contained on a page).
You will use your best efforts to cooperate with Operator on reasonable terms and conditions in the event Operator deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to the Websites.
Registration and User Information
In order to purchase products or services from the Websites, you may be required to complete the Websites’ registration process and obtain a user account. When using the Websites or ordering products, you will be required to provide information that includes your name, address, e-mail address, phone number and date of birth (“User Information”). You must provide complete and accurate information during the registration process and you have an ongoing obligation to update this information if and when it changes.
You may also be asked to provide or create a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify Operator immediately of any unauthorized use of your account, username, or password.
Operator shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by Operator and/or its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password. To the fullest extent permitted by law, Operator reserves the right to terminate your registration or to refuse services or products to you, without prior notice to you, at any time and for any or no reason.
Orders and Payment
All prices posted on the Websites are subject to change without notice. The prices charged for products and services will be the price in effect at the time the Order is placed and accepted by Operator. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your Order. Operator is not responsible for pricing, typographical, or other errors in any offer by Operator and Operator reserves the right to cancel any Orders arising from such errors. When an item featured on the Websites is no longer in stock, we attempt to remove that item from the Websites in a timely manner.
Operator reserves the right, but is not obligated, to limit the sales of any products or services to any person, geographic region, or jurisdiction. Operator may exercise this right on a case-by-case basis. Operator reserves the right to limit the quantities of any products or services that Operator offers. All descriptions of products and services and their pricing are subject to change at any time without notice, and in Operator’s sole discretion. Operator reserves the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited.
The Websites contain proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Websites infringes upon your copyright rights, please consult the Digital Millennium Copyright Act Procedure section set forth below.
DISCLAIMER OF WARRANTIES
THE WEBSITES, ALL SITE MATERIALS AND CONTENT ON THE WEBSITES IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITES’ CONTENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE DISCLAIMED.
NEITHER OPERATOR, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE WEBSITES WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT AND SITE MATERIALS THAT YOU ACCESS ON THE WEBSITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.
LIMITATION OF LIABILITY AND DAMAGES
- UNDER NO CIRCUMSTANCES WILL OPERATOR OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITES OR SITE CONTENT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR SIMILAR DAMAGES; AND
Indemnification of Operator
Injunctive and Equitable Relief
You agree that your unauthorized use of the Websites or Site Materials will cause injury to Operator that cannot adequately be remedied by money damages, and that Operator shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Websites or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Operator is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
No Relationship With You
You understand that Operator has not entered into any form of partnership, agency, fiduciary or special relationship with you solely by granting you access to and use of the Websites.
NO CLASS ACTIONS AND WAIVER OF JURY TRIAL
Cooperation with Law Enforcement
Your Submissions to the Websites
Some of the services offered by Operator on the Websites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (a “Submission”) to the Websites including, but not limited to, information, data, content images, video and other files and materials.
Your Representations and Warranties
Each time you provide a Submission to the Websites, you represent and warrant that you have the right to provide such Submission, which means:
- You are the author of the Submission or the owner of all copyright and other intellectual property rights therein;
- The Submission is not protected by copyright law; or
License Grant to Operator
You grant Operator, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, create derivative works, display, store, publish, transmit, perform, distribute, reproduce any Submission you provide to Operator in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Operator to include the Submission you provide in a searchable format that may be accessed by users of the Websites. You also grant Operator and its related entities the right to use any of your information, included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant to Operator the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to Operator for any purpose whatsoever including, but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Websites, without compensation of any sort to you.
Disclaimer of Responsibility for Submissions
Operator does not endorse any Submissions, nor does any Submission necessarily represent the views of Operator or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Operator does not control all Submissions, and disclaims any responsibility for such Submissions. Operator specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, Operator does not represent or warrant that any other content or information accessible via the Websites is accurate, complete, reliable, current or error-free. Operator does not assume any responsibility or liability for any errors or omissions in the content of the Websites or in any Submission.
Review and Removal of Submissions
Operator reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission.
Digital Millennium Copyright Act (DMCA) Procedure
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that a Submission infringe your copyright, you (or your agent) may send Operator a notice requesting that the Submission be removed from the Websites, or access to it be blocked. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following and must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Operator to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Operator to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;
- Information reasonably sufficient to permit Operator to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA Complaints concerning materials on Websites should be sent to Operator’s Designated Agent to receive notification:
Natural Life Collections, Inc.
[Attn: DMCA Complaint]
820 A1A North, Suite W-4
Ponte Vedra Beach
You may also send the required information by email to email@example.com with “DMCA Complaint” in the subject line.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on the Websites is infringing the copyrights of others. If you are uncertain whether material on the Websites is infringing, Operator recommends seeking advice of an attorney.
DMCA Counter Notification
If Operator removes or disables access to content in response to a DMCA Complaint, Operator will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If Operator removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide Operator with a counter-notification containing the following details which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for Operator to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Duval County, Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.
You must send this notification to the following address:
Natural Life Collections, Inc.
[Attn: DMCA Complaint]
820 A1A North, Suite W-4
Ponte Vedra Beach
You may also send the required information by email to firstname.lastname@example.org with “DMCA Counter Notification” in the subject line.
In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.