Terms & Conditions of Use
Introduction
Welcome to Nature's Best. This Terms & Conditions
of Use Agreement ("Agreement") sets forth the agreement between Nature's Best, a
California corporation ("Nature's Best" or "we"), and each user ("you" or "user")
governing the use by you of this website. By using this website, you signify your
assent to this Agreement. If you do not agree to the terms and conditions contained
in this Agreement, you may not access or otherwise use this website. This Agreement
does not apply to any transaction or relationship between the parties that is not
related to the use of this website.
Copyright and Trademarks
All website design, text, graphics, sound, software
and other content, and the selection and arrangement thereof, are the property of
Nature's Best or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective copyright
owners. Permission is granted to electronically copy and to print in hard copy portions
of this website for the sole purpose of retaining a hard copy for your records.
Any other use of materials on this website, including
without limitation reproduction for purposes other than noted above, modification,
distribution, replication, commercial or other exploitation, or creation of derivative
works, without the prior written permission of Nature's Best, is strictly prohibited.
Nature's Best, and all logos, page headers, custom
graphics and icons are service marks and/or trademarks of Nature's Best or its licensors
or affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this website are the property of their respective owners.
Information Acceptance
Please note that there may be certain information
that we are unable to accept and must cancel and remove from our website. We reserve
the right, at our sole discretion, to refuse or cancel any information for any reason.
Some situations that may result in your information
being canceled include: inaccuracies or errors in product or pricing information;
product or ingredient restrictions mandated by local, state, national or international
regulations; or problems identified by our credit and fraud avoidance group. We
may also require additional verifications or information.
WARRANTY DISCLAIMER
The content of this website, the server that makes it available, and
the services and products we provide on our website, are provided on an "As is"
and "As available" basis without warranty of any kind, whether express, implied
or statutory. Although Nature's Best reserves the right to correct any errors, omissions,
or inaccuracies, we do not accept any responsibility for the accuracy, reliability,
currency or completeness of any information, content, service or merchandise presented
herein (even typographical or imaging errors), including the substance, accuracy
or sufficiency of any product information listed on the website. Nature's Best does
not warrant that information, services and products contained in this website will
satisfy your requirements or that they are error or defect-free.
This website includes content provided by third parties. Nature's Best
is a distributor of such content and not its publisher. Our third party suppliers
may express certain opinions or provide certain information and offers. Nature's
Best makes no warranties as to the completeness, accuracy, timeliness or reliability
of information or offers supplied by third parties and published by Nature's Best.
Nature's Best does not guarantee or warrant the performance of any third party,
including any such third party's conformance to any law, rule, regulation or policy.
Nature's Best further disclaims any responsibility for the accuracy,
reliability, currency, availability or completeness of content or information found
on any sites that link to or from this website from third parties. Nature's Best
also does not accept any responsibility for technical failures or for unauthorized
access of user transmissions by third parties.
As partial consideration for your access to this website and use of its
content, you agree that Nature's Best is not liable to you in any manner whatsoever
for decisions you may make or your actions or non-actions in reliance upon the content.
You also agree that the aggregate liability of Nature's Best arising from or related
to your use and access, regardless of the form of action or claim (for example,
contract, warranty, tort, negligence, strict liability, fraud, infringement or other
bases for claims), is limited to the purchase price of any items you purchased form
Nature's Best in the applicable transaction. Nature's Best shall not in any case
be liable for any direct, indirect, special, incidental, consequential, or punitive
damages, even if Nature's Best has been advised of the possibility of such damages.
This is a comprehensive limitation of liability that applies to all losses and damages
of any kind. If you are dissatisfied with this website or its content (including
terms of use), your sole and exclusive remedy is to discontinue using this website.
Links to Third Party Sites
This website may contain links to sites owned or operated by independent
third parties. These links are provided for your convenience and reference only.
Nature's Best does not control such websites and, therefore, is not responsible
for any content posted on these websites. Nature's Best reserves the right to terminate
such links at any time. The fact that Nature's Best offers such links should not
be construed in any way as an endorsement, authorization, or sponsorship of that
website or its content. Because some websites employ automated search results or
otherwise link you to websites containing information that may be deemed inappropriate
or offensive, Nature's Best cannot be held responsible for the accuracy, copyright
compliance, legality or decency of material contained in third party websites, any
you hereby irrevocably waive any claim against Nature's Best with respect to such
sites.
Website Usage/Termination of Usage
You agree to use this website only for lawful purposes,
and that you are responsible for your use of and communications on the website.
You agree not to post on or transmit through this website any unlawful, infringing,
threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive,
hateful or otherwise objectionable material of any kind, including without limitation
any material that encourages criminal conduct or conduct that would give rise to
civil liability, infringes others' intellectual property rights or otherwise violates
any applicable local, state, national or international law. You agree not to use
this website in any manner that interferes with its normal operation or with any
other user's use and enjoyment of the website. You agree not to reproduce, modify,
distribute, replicate, commercially exploit or create derivative works of any portion
of the website or material thereon.
You further agree that you will not access our
website by any means except through the interface provided by Nature's Best for
access to the website. You agree that you will not access this website from any
territory where its contents are illegal, and that you, and not Nature's Best and
its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by Nature's Best.
You may terminate this Agreement at any time, provided that you discontinue any
further use of this website. Nature's Best also may terminate or suspend this Agreement,
at any time, without notice, and accordingly deny you access to the website, if
in Nature's Best's sole discretion you fail to comply with any term or provision
of this Agreement or your use is harmful to the interests of another user or Nature's
Best or its affiliates. Upon any termination of the Agreement by either you or us,
you must promptly destroy all materials downloaded or otherwise obtained from this
website, as well as all copies of such materials, whether made under the terms of
use or otherwise.
You agree that Nature's Best may terminate or suspend your access to
all or part of this website, without notice, for any conduct that Nature's Best,
in its sole discretion, believes is in violation of these Terms & Conditions
of Use or any applicable law or is harmful to the interests of another user, Nature's
Best or its affiliates.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with
the laws of the State of California without regard to choice of law rules. You agree
to submit to personal jurisdiction in the State of California and further agree
that any cause of action arising from or relating to the use of this website or
this Agreement shall be brought exclusively in Federal or State Courts for Orange
County, California.
Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or
for any reason unenforceable by a court of competent jurisdiction, the validity
and enforceability of any remaining provisions shall not be affected.
Entire Agreement
This Agreement constitutes the entire and only agreement between Nature's
Best and each user of this website with respect to the subject matter of this Agreement
and supersedes any and all prior or contemporaneous agreements, representations,
warranties and understandings, written or oral, with respect to the subject matter
of this Agreement. You agree to review this Agreement prior to your use of this
website and your use of this website shall be deemed acceptance of an assent to
this Agreement by you.
Changes to Terms & Conditions of Use Agreement
This information was lasted updated October 13, 2008. Nature's Best may,
in its sole discretion, amend this Terms & Conditions of Use Agreement from
time to time. Please check this Agreement area periodically for changes. Use of
this website after any modification implies that you consent to this Agreement as
modified.