Thank you for visiting the Naturamart.com
Web site (the "Site").
Naturamart.com is a retail store
and information site for health,
beauty, and wellness products.
The Site is designed to provide
a convenient, private and informative
shopping experience for consumers
to purchase products essential
to healthy, everyday living.
Accessible 24 hours a day, 7
days a week.
Naturamart.com, inc. and its
subsidiaries and affiliates
("we, us, our") want each visitor
to the Site ("you") to have
a safe, pleasurable visit, so
we have established the following
terms and conditions so that
we (we and you) know what to
expect from each other. By using
the Site you agree to be bound
by the terms set forth herein.
We may make changes to the Site,
these Terms of Use, or the policies
and conditions that govern the
use of the Site at any time.
We encourage you to review the
Site and these terms periodically
for any updates or changes.
Your continued access or use
of the Site shall be deemed
your acceptance of these changes
and the reasonableness of these
standards for notice of changes.
|
ELECTRONIC COMMUNICATIONS
When you visit the Site or send
e-mails to us, you are communicating
with us electronically. You
consent to receive communications
from us electronically. We will
communicate with you by e-mail
or by posting notices on this
site. You agree that all agreements,
notices, disclosures and other
communications we provide to
you electronically satisfy any
legal requirement that such
communications be in writing.
TRADEMARKS
Naturamart.com is not an online
authorized retailer of the brands
we sell. We merely provide the
customer a service by offering
the convenience of receiving
these quality products at home.
All trademarks, product names,
and company names and logos
appearing on the Site are the
property of their respective
owners.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use
of the Site, you agree to: (a)
provide true, accurate, current
and complete information about
yourself as prompted by the
checkout form for your account
information (the "Account Information")
and (b) maintain and promptly
update the Account Information
to keep it true, accurate, current
and complete. If you provide
any information that is untrue,
inaccurate, not current or incomplete,
or we have reasonable grounds
to suspect that such information
is untrue, inaccurate, not current
or incomplete, we may suspend
or terminate your account and
refuse any and all current and
future use of the Site. Account
Information and certain other
information about you is subject
to our Privacy Policy.
You will receive a password
and account designation when
you have completed the Account
Information. You are responsible
for maintaining the confidentiality
of the password and account
and are fully responsible for
all activities that occur under
your password or account. You
agree to immediately notify
us of any unauthorized use of
your password or account or
any other breach of security.
YOUR CONDUCT
Any conduct by you that in our
sole discretion restricts or
inhibits any other user from
using or enjoying the Site will
not be permitted. You agree
to use the Site only for lawful
purposes. You are prohibited
from posting on or transmitting
through the Site any unlawful,
harmful, threatening, abusive,
harassing, defamatory, vulgar,
obscene, sexually explicit,
profane, hateful, fraudulent,
racially, ethnically, or otherwise
objectionable material of any
kind, including but not limited
to any material that encourages
conduct that would constitute
a criminal offense, give rise
to civil liability, or otherwise
violate any applicable local,
state, national, or international
law.
You agree not to reproduce,
duplicate, copy, sell, resell
or exploit for any commercial
purposes, any portion of the
Site, use of the Site, or access
to the Site.
You agree not to access the
Site by any means other than
through the interface that is
provided by us for use in accessing
the Site.
SITE CONTENT
You acknowledge that the Site
contains information, data,
software, photographs, graphics,
videos, text, images, typefaces,
sounds, and other material (collectively
"Content") that are protected
by copyrights, trademarks, or
other proprietary rights, and
that these rights are valid
and protected in all forms,
media and technologies existing
now or hereinafter developed.
All Content is copyrighted as
a collective work under the
U.S. copyright laws, and we
own a copyright in the selection,
coordination, arrangement, and
enhancement of such Content.
You may not modify, remove,
delete, augment, add to, publish,
transmit, participate in the
transfer or sale of, create
derivative works from, or in
any way exploit any of the Content,
in whole or in part. If no specific
restrictions are displayed,
you may make copies of select
portions of the Content, provided
that the copies are made only
for your personal, information
and non-commercial use and that
you do not alter or modify the
Content in any way, and maintain
any notices contained in the
Content, such as all copyright
notices, trademark legends,
or other proprietary rights
notices. Except as provided
in the preceding sentence or
as permitted by the fair use
privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section
107), you may not upload, post,
reproduce, or distribute in
any way Content protected by
copyright, or other proprietary
right, without obtaining permission
of the owner of the copyright
or other proprietary right.
In addition to the foregoing,
use of any software Content
shall be governed by the software
license agreement accompanying
such software, if any.
COLOR/PRODUCT DESCRIPTION
We have made every effort to
display as accurately as possible
the colors of our products that
appear at the Site. However,
as the actual colors you see
will depend on your monitor,
we cannot guarantee that your
monitor's display of any color
will be accurate. We have attempted
to be as accurate as possible.
However, we do not warrant that
the product descriptions are
accurate, complete, reliable,
current, or error-free. If a
product offered by the Site
is not as described, your sole
remedy is to return it in unused
condition.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
WE OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING
THE SITE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES FOR
LOSS OF PROFITS, GOOD WILL,
USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES) THAT RESULT FROM
(i) THE USE OF OR INABILITY
TO USE THE SITE, (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR
(v) ANY OTHER MATTER RELATING
TO THE SERVICE. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE,
AND SERVICES AVAILABLE THROUGH
THE SITE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY
IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
You agree to indemnify and hold
us, and our subsidiaries, affiliates,
officers, directors, agents,
co-branders or other partners,
and employees, harmless from
any claim or demand, including
reasonable attorneys' fees,
made by any third party due
to or arising out of Content
you submit, post to or transmit
through the Site, your use of
the Site, your connection to
the Site, your violation of
the Terms of Use, or your violation
of any rights of another.
EXPORT
The U.S. export control laws
regulate the export and re-export
of technology originating in
the United States. This includes
the electronic transmission
of information and software
to foreign countries and to
certain foreign nationals. You
agree to abide by these laws
and their regulations - including
but not limited to the Export
Administration Act and the Arms
Export Control Act and not to
transfer, by electronic transmission
or otherwise, any Content derived
from the Site to either a foreign
national or a foreign destination
in violation of such laws
OUR RIGHTS
We may elect to monitor areas
of the Site by electronic or
other means and may disclose
any Content, records, or electronic
communication of any kind (i)
to satisfy any law, regulation,
or government request; (ii)
if such disclosure is necessary
or appropriate to operate the
Site; or (iii) to protect our
rights or property or the rights
of the users, Sponsors, Providers,
Licensors, or Merchants. We
are not responsible for screening,
policing, editing, or monitoring
such Content. If notified of
allegedly infringing, defamatory,
damaging, illegal, or offensive
Content, we may investigate
the allegation and determine
in our sole discretion whether
to remove or to request the
removal of such Content from
the Site.
We may terminate your access,
or suspend your access to all
or part of the Site, without
notice, for any conduct that
we, in our sole discretion,
believe is in violation of any
applicable law or is harmful
to the interests of another
user, a third-party Provider,
Merchant, Sponsor, Licensor,
service provider, or us.
Because customer service is
paramount to our business, we
reserve the right to refuse
to sell products to you if it
reasonably appears to us that
you intend to resell the products.
In addition, we reserve the
right to limit quantities of
items purchased by each customer.
In addition, we reserve the
right to cancel any order or
part of an order, or refuse
service to anyone for any reason.
Such reasons may include, but
are not limited to, unauthorized
coupon use, product availability,
and price discrepancy.
We reserve the right to charge
fees or extra shipping charges
for any product that is backordered.
The posting of prices on our
site is not an offer for sale
of goods, and the order confirmation
is not an acceptance of an offer
to purchase goods. The
contract for sale of goods between
us and any customer is not entered
into until we charge a valid
credit card or otherwise accept
payment.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available
a link to a third party's web
site. These links will let you
leave the Site. The linked sites
are not under our control and
we are not responsible for the
contents of any linked site
or any link contained in a linked
site, or any changes or updates
to such sites. We are not responsible
for webcasting or any other
form of transmission received
from any linked site. We provide
the links to you only as a convenience.
We do not endorse the site or
its use or contents.
SUBMISSIONS
We are pleased to hear from
our customers and welcome your
comments regarding our products
and the Site. You may post reviews
of products or services, comments,
suggestions, or other material
("Submissions") so long as the
content of your Submission is
not unlawful, threatening, abusive,
spiteful, defamatory, invasive
of privacy, obscene, profane,
sexually explicit, fraudulent
or otherwise objectionable or
injurious to third parties (including,
but not limited to, any content
that encourages conduct that
would constitute a criminal
offense, give rise to civil
liability, or otherwise violate
applicable law). You may not
use a false e-mail address,
impersonate any person or entity,
or otherwise mislead as to the
origin of your Submission. Naturamart.com,
inc. reserves the right (but
not the obligation) to monitor,
edit and remove any Submission
but does not regularly review
posted Submissions.
By posting or sending us any
Submission, you grant
Naturamart.com, inc. and its
subsidiaries a non-exclusive,
royalty-free, perpetual, irrevocable
and fully sublicensable right
to use, reproduce, modify, adapt,
publish, translate, create derivative
works from, distribute, and
display such Submission throughout
the world in any media. You
also grant
Naturamart.com, inc. and its
subsidiaries the right to use
the name you submit in connection
with such Submission.
By posting or sending us a Submission,
you represent and warrant that
you own or otherwise control
all of the rights to the content
in your Submission, that the
content you provide is accurate,
and that use of the content
in your Submission does not
violate this policy and will
not cause injury to any person
or entity. You agree to indemnify
Naturamart.com, inc. and its
subsidiaries against all claims
and liabilities resulting from
your Submission.
Naturamart.com, inc. does not
take any responsibility and
assumes no liability for any
Submission posted by you or
any other person or entity.
APPLICABLE LAW
We control the Site from our
offices within the United States
of America. We make no representation
that the Content in the Site
is 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 the Site from other
locations do so on their own
initiative and are responsible
for compliance with applicable
local laws. You may not use
or export the Content in violation
of U.S. export laws and regulations.
Any claim relating to the Site,
the services provided through
the Site or the Content shall
be governed by the internal
laws of the state of Florida,
without reference to its choice
of law provisions. You hereby
irrevocably consent to the exclusive
jurisdiction and venue of courts
in Miami-Dade County, Florida,
U.S.A.
TERMINATION
These terms are effective until
terminated by either party.
If you no longer agree to be
bound by the Terms of Use, you
must cease your use of the Site.
Subject to applicable law, we
reserve the right to suspend
or deny, in our sole discretion,
your access to all or any portion
of the Site with or without
notice. You agree that any termination
of your access to the Site may
be effected without prior notice,
and acknowledge and agree that
we may immediately deactivate
or delete your account and all
related information and files
in your account and bar any
further access to such files
or the Site. Further, you agree
that we shall not be liable
to you or any third-party for
any termination of your access
to the Site.
SHIPPING ADDRESS
To make purchases on the Site,
you must have a shipping address
in the United States or use
an APO/FPO U.S. military address.
SALES TAX
Nonprescription items that are
shipped to Florida state customers
are subject to tax at the appropriate
state and local rate. In Florida
state, the total sales price
includes shipping and handling
charges, discounts, and gift-wrap
charges.
GENERAL INFORMATION
These Terms of Use constitute
the entire agreement between
us (you and us) and govern the
use of the Site. You also may
be subject to additional terms
and conditions that may apply
when you use affiliate services,
third-party content or third-party
software. Our failure to exercise
or enforce any right or provision
of the Terms of Use shall not
constitute a waiver of such
right or provision. If any provision
of the Terms of Use is found
by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should
endeavor to give effect to the
parties' intentions as reflected
in the provision, and the other
provisions of the Terms of Use
remain in full force and effect.
You agree that regardless of
any statute or law to the contrary,
any claim or cause of action
arising out of or related to
use of the Site or the Terms
of Use must be filed within
one year after such claim or
cause of action arose or be
forever barred.
The section titles in the Terms
of Use are for convenience only
and have no legal or contractual
effect.
COPYRIGHT COMPLAINTS
We respect the intellectual
property of others, and we ask
our users to do the same. If
you believe that your work has
been copied and is accessible
on the Site in a way that constitutes
copyright infringement, you
may notify us by providing our
copyright agent the following
information:
1. a description of the copyrighted
work that you claim has been
infringed, including the URL
(i.e., web page address) of
the location where the copyrighted
work exists or a copy of the
copyrighted work;
3. identification of the URL
or other specific location on
the Site where the material
that you claim is infringing
is located;
4. your address, telephone number,
and email address;
5. a statement by you that you
have a good faith belief that
the disputed use is not authorized
by the copyright owner, its
agent, or the law;
6. a statement by you, made
under penalty of perjury, that
the above information in your
Notice is accurate and that
you are the copyright owner
or authorized to act on the
copyright owner's behalf.
Our agent for notice of claims
of copyright infringement on
the Site can be reached as follows:
By mail:
Legal Dept.
Naturamart.com, inc.
9737 NW 41 St
Suite 609
Miami, Fl 33178
By email:
help@naturamart.com
COPYRIGHT NOTICE
Copyright © 2006-2008
Naturamart.com, inc. All rights
reserved. Any rights not expressly
granted herein are reserved.
|
|
|
