Terms of service
TERMS
OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF
SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER
THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITIES (see Sections 13 and 14). THESE
TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY
OF THIS AGREEMENT FOR YOUR RECORDS.
Your
use of https://naturesphilosophybeauty.com/, including any sub-domains thereof,
affiliated websites, and mobile applications (collectively, the “Website”),
which are owned and maintained by ESW Beauty Group LLC (“ESW Beauty,” “NaturesPhilosophy,
NP,” “we,” “our,” “us”), are governed by the policies, terms, and conditions
set forth below. Please read them carefully. We offer the
Website, including all information, tools, products, and services available
from the Website to you, the user, conditioned upon your acceptance of all
terms, conditions, policies, and notices stated here. By accessing,
using, or placing an order over the Website, you agree to the terms set forth
herein. If you do not agree to these terms and conditions in their
entirety, you are not authorized to use the Website in any manner or form
whatsoever.
THIS
AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE
YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE
IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE
REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR
IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION
PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You
can review the most current version of the Terms at any time on this page. We
reserve the right to update, change, or replace any part of these Terms by
posting updates and/or changes to our Website. It is your
responsibility to check this page periodically for changes. YOUR
CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES
CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE
OF CONTENTS
- WEBSITE USE
- PRIVACY &
SECURITY DISCLOSURE
- GENERAL CONDITIONS
AND WEBSITE USER CONDUCT RESTRICTIONS
- PRODUCTS SOLD FOR
PERSONAL USE ONLY
- NO MEDICAL ADVICE,
AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
- MODIFICATIONS TO
THE WEBSITE AND PRICES
- PAYMENT
- ORDER PLACEMENT AND
ACCEPTANCE
- SHIPPING
- DELIVERY
CONFIRMATION
- RETURNS AND REFUNDS
- SOCIAL MEDIA
- DISCLAIMER OF
WARRANTIES
- DISCLAIMER OF
LIABILITIES
- DISPUTE RESOLUTION
BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- INDEMNIFICATION
- THIRD-PARTY
WEBSITES AND LINKS
- TESTIMONIALS,
REVIEWS, AND OTHER SUBMISSIONS
- DIGITAL MILLENNIUM
COPYRIGHT ACT NOTICE
- ELECTRONIC
COMMUNICATIONS
- ASSIGNMENT
- NO WAIVER
- SEVERABILITY
- TERMINATION
- ENTIRE AGREEMENT
- QUESTIONS OR
ADDITIONAL INFORMATION
TERMS
OF SALE
1.
WEBSITE USE
By
using the Website and agreeing to these Terms, you represent that you are at
least the age of majority in your state or province of residence. If
you use the Website, you affirm that you have the legal capacity to enter into
a binding contract with us, have read this Agreement, and understand and agree
to its terms.
2.
PRIVACY & SECURITY DISCLOSURE
Our
Privacy Policy may be viewed at https://naturesphilosophybeauty.com/policies/privacy-policy. The
Privacy Policy is incorporated into these Terms by reference and constitutes a
part of these Terms.
3.
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All
aspects of our Website are protected by U.S. and international copyright,
trademark, and other intellectual property laws. You do not acquire
any ownership or other rights by downloading or using the Website or any
material on it.
You
agree not to use or attempt to use the Website or any products or services in
any unlawful manner or for any unlawful purpose. You further agree
not to commit any unlawful act or attempt to commit any unlawful act on or
through the Website including, but not limited to: (1) hacking and other
digital or physical attacks on the Website; (2) publishing abusive, vulgar,
obscene, or defamatory material; (3) soliciting others to perform or
participate in any unlawful acts; (4) violating any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (5)
infringing upon or violating our intellectual property rights or the
intellectual property rights of others; (6) harassing, abusing, insulting,
harming, defaming, slandering, disparaging, intimidating, or discriminating
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (7) submitting false or misleading information; (8)
uploading or transmitting viruses or any other type of malicious code that will
or may be used in any way that will affect the functionality or operation of
the Website; (9) collecting or tracking the personal information of others;
(10) interfering with or circumventing the security features of the Website; or
(11) any other unlawful act.
NP
Natures Philosophy reserves the right to terminate your access to the Website
or any of its services if it determines that you (1) do not comply with these
Terms of Sale; (2) provide false, inaccurate, or incomplete information during
our registration process; (3) engage in any conduct that would otherwise harm
any of NP Natures Philosophy’s rights or interests in its Website, services, or
other property; or (4) for any or no reason whatsoever without prior notice to
you. NP Natures Philosophy may take any other actions necessary in this regard
or seek any remedies permitted by law.
4.
PRODUCTS SOLD FOR PERSONAL USE ONLY
You
further agree that any products or services you purchase from NP Natures Philosophy
on or through the Website will be used for your personal, non-commercial use. You
agree that you will not resell, redistribute, modify, or export any product
that you order from the Website. Resale of our products outside of authorized
channels can result in the product becoming materially different, which may
affect safety, efficacy, or the ability to honor warranties or guarantees. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
5.
NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION
The
material on the Website is provided for general informational purposes only and
is not intended as medical advice or as a substitute for seeking advice from a
qualified healthcare provider. The statements made on this Website
have not been evaluated by the Food and Drug Administration. You should consult
your healthcare provider before using any information provided by NP Natures
Philosophy.
While
we endeavor to provide accurate and current information on our Website, there
may be information on our Website that contains typographical errors,
inaccuracies, or omissions related to product descriptions, pricing,
promotions, offers, product shipping charges, transit times, and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to
change or update information or cancel orders if any information on the Website
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We
have made every effort to display as accurately as possible the colors and
images of our products that appear on the Website. We cannot guarantee that
your computer monitor's display of any color will be accurate.
This
Website may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this Website at
any time, but we have no obligation to update any information on our Website. You
agree that it is your responsibility to monitor changes to our Website.
NP
Natures Philosophy does not make any guarantee that you will accomplish your
health and wellness goals. Your results may vary depending upon a
variety of factors unique to you, such as your age, health, and genetics.
6.
MODIFICATIONS TO THE WEBSITE AND PRICES
We
reserve the right to modify or discontinue access to the Website (or any part
or content thereof) without notice at any time. We shall not be
liable to you or to any third party for any modification, suspension, or
discontinuance of access to the Website. Certain products or
services may be available exclusively online through the Website. These
products or services may have limited quantities and are subject to refund,
return, or exchange only according to our Shipping and Refund policies
as set herein and in our FAQ page, or in your order confirmation.
All
descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion. Any offer for any product or
service made on this Website is void where prohibited.
7.
PAYMENT
All
charges are in U.S. Dollars.
By
submitting payment information to us, you represent and agree that: (i) you are
fully authorized to use that card or account; (ii) all payment information
provided is complete and accurate; (iii) you will be responsible for any
payment card fees; and (iv) that sufficient funds exist to pay us the amount(s)
due.
We
and our third-party payment service providers may request, and we may receive,
updated credit card information from your credit card issuer, such as updated
card numbers and expiration date information when your credit card has expired. If
such updated information is provided to us and our third-party payment service
providers, we will update your account information accordingly. Your
credit card issuer may give you the right to opt-out of providing vendors and
third-party payment service providers with your updated credit card
information. If you wish to opt-out of your credit card’s updating
service, you should contact your credit card issuer.
We
are not responsible for any fees or charges that your bank or credit card
issuer may apply. If your bank or credit card issuer reverses a
charge to your credit card, we may bill you directly and seek payment by
another method including a mailed statement.
8.
ORDER PLACEMENT AND ACCEPTANCE
Your
electronic order confirmation, or any form of confirmation, does not signify
our acceptance of your order. We reserve the right to accept or deny
shipment to anyone for any reason. In the event we deny your order,
you will receive a refund to your original form of payment. You
understand and agree that we will not be liable for any losses or damages that
may result from our refusal to provide you any product or service. We
reserve the right to require additional information before processing any order.
9.
SHIPPING
NP
Natures Philosophy ships to addresses located in the United States and Canada.
Delivery time for international orders varies based on location. Please visit
our Shipping Policy webpage
for additional terms that may apply to your order.
Accurate
shipping address and phone number are required. We are not responsible for late
shipments/missing shipments if you enter incorrect shipping address
information. If you discover that you have made a mistake with your order after
it has been submitted, please contact Customer Support by phone or email immediately,
or by filling out the web form here. You
must contact us as soon as possible in order to modify or cancel your pending
order. However, we frequently ship the same day that you order, so we cannot
guarantee that we will be able to amend your order in accordance with your
instructions.
10.
DELIVERY CONFIRMATION
Because
many instances may occur at your delivery address that are beyond our control,
you agree that any delivery confirmation provided by the carrier is sufficient
proof of delivery, even without a signature.
11.
RETURNS AND REFUNDS
NP
Natures Philosophy wants you to be satisfied with your experience with us so we
have made returning or exchanging products easy. If you receive the wrong item
or if it arrives damaged or defective, or if you are unhappy with your order
within [30] days of receipt, please visit the Refund Policy on
our Website for additional information about how to return or exchange a
product or request a refund. The following are nonrefundable: (1) Items marked
“final sale” or “nonreturnable”, (2) shipping fees, (3) expedited shipping
fees, (4) package loss warranty, (5) priority order processing fees, and (6)
gift cards or orders placed using gift cards.
After
the shipping department receives your return, it generally takes ten business
days to process your refund. Once a return is processed, it may take
up to ten days for the return to be posted to your account, depending on your
financial institution.
12.
SOCIAL MEDIA
This
section applies to everyone who interacts with our social media presence,
including comment sections, feeds, and other elements of social media presence
viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+,
LinkedIn, or any of the many other available external third-party social media
platforms we may use (“Social Media Presence”).
The
sites and platforms that host our Social Media Presence are not controlled by
us and therefore have their own privacy policies and terms of use. The
comments and opinions expressed by users on social media are theirs alone and
do not reflect the opinions of NP Natures Philosophy, and we have no obligation
to monitor or remove user comments. If you see an offensive or
inappropriate post or comment on our Social Media Presence, you should report
it to the operator of the applicable site or platform using the procedures they
have established for that purpose.
13.
DISCLAIMER OF WARRANTIES
EXCEPT
WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON
AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS
TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY
AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT
REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S)
THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
14.
DISCLAIMER OF LIABILITIES
EXCEPT
WHERE PROHIBITED BY LAW, IN NO EVENT SHALL NP Natures Philosophy OR ANY OF ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR
AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR
A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS
OF WHETHER NP NATURES PHILOSOPHY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, NP Natures Philosophy IS FOUND
LIABLE UNDER ANY THEORY, NP Natures Philosophy’S LIABILITY AND YOUR EXCLUSIVE
REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY
SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER NP Natures Philosophy WAS
AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME
STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE
READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR
CLAIM BETWEEN YOU AND NP NATURES PHILOSOPHY ON AN INDIVIDUAL BASIS.
YOU
AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION
PROVISION, NP NATURES PHILOSOPHY’S PRIVACY POLICY OR TERMS OF SALE, NP NATURES
PHILOSOPHY’S ADVERTISING OR MARKETING PRACTICES, OR NP NATURES PHILOSOPHY’S
PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION
PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§
1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION
PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR
DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL
FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF WYOMING TO THE EXTENT
CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE,
INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND
ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE
ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND NP NATURES
PHILOSOPHY AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT NP NATURES
PHILOSOPHY’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE
CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR
ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE
ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR
REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER
CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT NP NATURES PHILOSOPHY HAS THE
RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF WYOMING
FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY
POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF NP NATURES PHILOSOPHY’S
INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU
ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS
YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY
DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO
THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION
IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR
CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN
ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE
OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU
MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A
PRODUCT OR SERVICE THROUGH NP NATURES PHILOSOPHY’S WEBSITE BY SENDING A LETTER
TO: ESW
Beauty Group LLC Chino Hills, California, The United States of America, 91709,
STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF
ARBITRATION.
16.
INDEMNIFICATION
To
the fullest extent permitted by law, you agree to indemnify, defend, and hold
harmless NP Natures Philosophy, its parent, subsidiaries, predecessors,
successors and affiliates, and their respective partners, officers, directors,
agents, representatives, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, from and against any and all
claims, actions, losses, liabilities, damages, expenses, demands and costs of
any kind, including, but not limited to, reasonable attorneys’ fees, arising
out of, resulting from, or in any way connected with or related to (1) your
breach of these Terms, the documents they incorporate by reference, or the
Agreement; (2) your breach of any representations or warranties in this
Agreement; or (3) your violation of any law or the rights of a third-party.
17.
THIRD-PARTY WEBSITES AND LINKS
Our
Website may include materials from third-parties or links to third-party
websites. We are not liable for any third-party materials or
websites. We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please
review carefully the third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the applicable third-party.
18.
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
NP
Natures Philosophy is pleased to hear from users and customers and welcomes
your comments regarding our services and products. You agree that anything you
submit or post to the Website and/or provide us, including without limitation,
photographs, testimonials, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, “Submissions”) is and will be treated
as non-confidential and nonproprietary, and that we shall have the
royalty-free, worldwide, perpetual, irrevocable, and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and
create derivative works from such Submissions by any means and in any form. You
agree that any Submission that you provide us is true and accurate in all
respects and does not infringe or interfere with the intellectual property
rights of any third party. You agree that NP Natures Philosophy may use a
Submission, in whole or in part, together with the name of the person
submitting it. You agree that Submissions, including testimonials, may be used
for any form of advertising relating to NP Natures Philosophy’s products or
services, in printed and online media, as NP Natures Philosophy determines in
its absolute discretion. These testimonials do not represent the
generally expected user experience.
19.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a.
DMCA Notice
This
Website maintains specific contact information provided below, including an
email address, for notifications of claimed infringement regarding materials
posted to this Website. All notices should be addressed to the
following contact person:
Notification
of Claimed Infringement:
Chino
Hills, California, The United States of America, 91709
Email: NaturesPhilosophy2025@outlook.com
For
legal concerns: NaturesPhilosophy@outlook.com
You
may contact our agent for notice of claimed infringement specified above with
complaints regarding allegedly infringing posted material and we will
investigate those complaints. If the posted material is believed in
good faith by us to violate any applicable law, we will remove or disable
access to any such material, and we will notify the posting party that the
material has been blocked or removed.
In
notifying us of alleged copyright infringement, the Digital Millennium
Copyright Act requires that you include the following information: (i)
description of the copyrighted work that is the subject of claimed
infringement; (ii) description of the infringing material and information
sufficient to permit us to locate the alleged material; (iii) contact
information for you, including your address, telephone number and/or email
address; (iv) a statement by you that you have a good faith belief that the material
in the manner complained of is not authorized by the copyright owner, or its
agent, or by the operation of any law; (v) a statement by you, signed under
penalty of perjury, that the information in the notification is accurate and
that you have the authority to enforce the copyrights that are claimed to be
infringed; and (vi) a physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner’s behalf. Failure
to include all of the above-listed information may result in the delay of the
processing of your complaint.
b.
Intellectual Property Rights, License
The
audio and video materials, images, photographs, articles, opinions, and other
text, graphics, illustrations, logos, depictions, layouts, compilations,
designs, interfaces, digital downloads, software, data compilations and other
content associated with the Website (the “Content”) are owned or licensed by
and to NP Natures Philosophy or other authorized third parties and are
protected by intellectual property, copyright, trademark, trade dress and other
laws in the U.S. and in other countries. You must comply with all such laws and
applicable copyright, trademark or other legal notices or restrictions. You
shall not remove or alter any copyright, trademark, or other legal notices
marked on the Content. As between you and NP Natures Philosophy, we will retain
all right, title, and interest in and to the Website and the Content. No
transfer of ownership to any portion of the Content shall be made as a result
of any access you are granted. Except as expressly set forth in these Terms of
Sale or expressly granted to you in writing by NP Natures Philosophy, no rights
are granted to you. You agree to abide by any and all additional copyright
notices, information or restrictions contained in any part of the Website. The
compilation of the Content on the Website is the exclusive property of NP
Natures Philosophy.
You
are only permitted to access and view the Content for personal, non-commercial
purposes in accordance with these Terms of Sale, and may not build a business
or other enterprise utilizing any of the Content, whether for profit or not.
Except as provided in these Terms of Sale or otherwise expressly authorized by
us in writing, you may not (either directly or through the use of any software,
device, internet site, web-based service or other means) download, stream
capture, store in a database, archive or otherwise copy any part of the Website
or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise
disseminate, distribute, display or perform any part of the Website or Content;
license or sublicense any part of the Website or Content; or in any way exploit
any part of the Website or Content. In addition, except as provided in this
Terms of Sale or otherwise expressly authorized by us in writing, you are
strictly prohibited from modifying Content; creating, distributing or
advertising an index of any significant portion of the Content; or otherwise
creating derivative works or materials that otherwise are derived from or based
in any way on the Content, including mash-ups and similar videos, montages,
translations, desktop themes, fonts, icons, wallpaper, greeting cards, and
merchandise. This prohibition from creating derivative works is applicable even
if you intend to give away the derivative material free of charge.
c.
Copyright
The
copyright in all materials provided on the Website is owned by NP Natures
Philosophy or its affiliate(s). Except as stated herein, none of the material
contained in the Website 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 consent of NP Natures Philosophy.
Permission is hereby granted to view, copy, print and download the materials on
the Website for personal, noncommercial use only, provided such materials are
used solely for informational purposes, and all copies, or portions thereof,
include this copyright notice. NP Natures Philosophy may revoke any of the
foregoing rights at any time. You may not, without NP Natures Philosophy’s
prior written consent, "mirror" any material contained on the Website
on any other server. Upon termination of any rights extended hereunder, you
must immediately destroy any downloaded and printed materials obtained from any
Website. Any unauthorized use of any material contained on the Website may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
d.
Trademarks
The
trademarks, service marks and logos ("Trademarks") used and displayed
on the Website are registered or unregistered Trademarks of NP Natures
Philosophy. Nothing on the Website shall be construed as granting, by
implication, estoppel or otherwise any license or right to use any Trademark
displayed on the Website without the prior written consent of the Trademark
owner. The name of NP Natures Philosophy or any Trademark may not be used in
any way including in any advertising or publicity pertaining to distribution of
materials on the Website without the prior written consent of NP Natures
Philosophy. NP Natures Philosophy prohibits the use of any NP Natures
Philosophy logo and Trademark as a "hot" link to any web site unless
establishment of such link is approved in advance by NP Natures Philosophy in
writing.
20.
ELECTRONIC COMMUNICATIONS
You
agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they
were in writing and signed by the party sending the communication.
21.
ASSIGNMENT
You
may not assign any of your rights under these Terms, and any such attempt will
be null and void. NP Natures Philosophy and its affiliates may, in
their individual discretion, transfer, without further consent or notification,
all contractual rights and obligations pursuant to these Terms if some or all
of NP Natures Philosophy’s business is transferred to another entity by way of
merger, sale of its assets or otherwise.
22.
NO WAIVER
No
waiver by NP Natures Philosophy of any term or condition set forth in these
Terms shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure by NP Natures
Philosophy to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision.
23.
SEVERABILITY
In
the event that any provision of these Terms is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms. Such determination shall
not affect the validity and enforceability of any other remaining provisions.
24.
TERMINATION
In
the event that we terminate this Agreement, Sections 2-5, 13-17, 19-26, as well
as any representations, warranties, and other obligations made or taken by you,
shall survive the termination of this Agreement.
25.
ENTIRE AGREEMENT
These
Terms, the Agreement, and any policies or operating rules posted by us on the
Website or in respect to the Website constitute the entire agreement and
understanding between you and NP Natures Philosophy, and supersedes and
replaces any prior or contemporaneous agreements. Any ambiguities in
the interpretation of these Terms or the Agreement shall not be construed
against the drafting party.
26.
QUESTIONS OR ADDITIONAL INFORMATION
Please
contact Customer Support if you have any questions concerning your purchase.
Additional information can be located on our Website.
ESW
Beauty Group LLC
Email: NaturesPhilosophy2025@outlook.com
For legal concerns: NaturesPhilosophy@outlook.com