Naturlifedesigns LLC and its subsidiaries and affiliates, including Naturlifedesigns Illinois LLC (“Naturlifedesigns”, “we”, “us” or “our”), provide website features and other products and services to you when you visit or shop our family of websites (including mobile websites) and our mobile applications, or use our software in connection with any of the foregoing, in each case subject to your compliance with these Terms of Use. Our family of websites and applications includes Naturlifedesigns.com and the Naturlifedesigns mobile application, as well as our other U.S. websites and mobile applications (collectively, the “Sites”).
Please read these terms of use carefully before using the sites. These Terms of Use constitute an agreement between Naturlifedesigns and you. Additional terms and conditions apply to some services offered on the Sites (e.g., the Naturlifedesigns Professional Program, Home Services, and Gift Cards) or through other channels. Those terms and conditions can be found where the relevant service is offered on the Sites or otherwise and are incorporated into these Terms of Use by reference. We recommend that you print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.
Privacy & Security
Please review our Privacy Policy which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
Information security is important to Naturlifedesigns. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Naturlifedesigns does, however, reserve the right at all times to disclose any information as Naturlifedesigns deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Please click here for more information.
You are responsible for all activities that occur under your account on the Sites, and for establishing security procedures for maintaining the security and confidentiality of passwords associated with your account. You may not share your account or password with anyone, and you agree to (1) notify Naturlifedesigns immediately of any unauthorized access to or use of your password or any other breach of security; and (2) exit from your account at the end of each session on the Sites. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.
Changes
Naturlifedesigns reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively to claims for which you or Naturlifedesigns have given notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.
We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the “Last Updated” date at the top of these Terms of Use.
Product Reviews, Social Media, and other User-Generated Content
From time to time, the Sites permit the submission of content, such as comments, photographs, text, graphics, moving images, sound, illustrations, blogs and product reviews, or any content or information that you publish through social media and permit us to feature by your use of the Naturlifedesigns Social Tags (as defined herein) or general written consent, whether generated by you and other users (in each case, “User Content”). User Content is governed by these Terms.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. You acknowledge that you will not be paid for Naturlifedesigns’s use of your User Content.
By submitting User Content directly or by using the Naturlifedesigns Social Tags (as defined herein), you represent and warrant to Naturlifedesigns that: (i) you have used and are personally familiar with the product that is the subject of your User Content, (ii) your User Content is accurate, honest, and reflects your opinion, (iii) your User Content contains clear and conspicuous disclosures if your User Generated Content is submitted as a result of a sweepstakes entry or gift from Naturlifedesigns, (iii) does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iv) you own or have the legal right to use and authorize Naturlifedesigns to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (v) your User Content does not violate Naturlifedesigns’s Acceptable Use Policy set forth below; (vi) and that you will indemnify Naturlifedesigns for all claims resulting from User Content that you supply.
As between you and Naturlifedesigns, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Naturlifedesigns, you hereby grant to Naturlifedesigns a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, adapt, translate, reformat, publish, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Naturlifedesigns (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant: (i) to Naturlifedesigns the right to use the name and social media user profile associated with your User Content, and (ii) to each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use. We may display your User Content or create and display derivative works, including but not limited to advertisements, from your User Content on pages or mediums where your User Content may be viewed by you or others, and we may use your User Content or the created derivative works to advertise, market and promote Naturlifedesigns or the Sites.
Naturlifedesigns does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Naturlifedesigns reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Naturlifedesigns has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. Naturlifedesigns takes no responsibility and assumes no liability for User Content. To the extent that User requires that User Content must be taken down due to third party copyright claims, please review our Copyright Policy.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own, or have permission from the rightful owner of such rights to post such User Content and to grant Naturlifedesigns all of the rights granted herein; (ii) submit any User Content containing minors’ likenesses that does not comport with relevant laws, rules, and regulations (iii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iv) use the Sites to harm any person or entity, including Naturlifedesigns; (v) impersonate any person or entity, including but not limited to, a representative of Naturlifedesigns, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (viii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (ix) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (x) collect, store or use personal information about other users of the Sites without their consent; (xi) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xii) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (xiii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Naturlifedesigns reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You further agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against Naturlifedesigns or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from Naturlifedesigns. Your failure to comply with these prohibitions constitutes breach of these Terms of Use with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms of Use) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, Naturlifedesigns reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
Product Orders
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Naturlifedesigns reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. However, by confirming your purchase at the end of the checkout process, you agree to accept and pay for the products as well as the shipping and handling charges and applicable taxes. The sales tax is based on the applicable state and local tax rates and laws, as well as the relevant circumstances such as the shipping, destination and/or service location of your order. For example, certain orders placed via mobile application while engaging with store-specific mobile application features are accepted, and payment is deemed received, at the participating store location, so that in some states the order will be deemed placed at the store location. As another example, orders placed on the Sites without using a store-specific mobile application, for shipment to destinations within the State of Illinois, are sold by Naturlifedesigns Illinois LLC, as indicated by your email order confirmation and invoice. Please consult a tax professional for more information regarding the applicable sales tax on your order. Your email order confirmation and invoice will identify the seller of record for your order and the applicable sales tax rate. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Naturlifedesigns reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Naturlifedesigns Rewards Program described below. Naturlifedesigns reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Naturlifedesigns’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us at service@naturlifedesigns.com