By accepting these Terms through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Nature’s Rhythm does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these Terms, please do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
PART ONE – Applicable to any use of Nature’s Rhythm website.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or print the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Nature’s Rhythm, or its suppliers and are protected by U.S property laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as convenience to you and do not in any way constitute or imply Nature’s Rhythm’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Nature’s Rhythm is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Attempting to violate the security of the Site is prohibited, including, without limitation: (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) attempting to obtain products not properly ordered or fully paid for; (f) harassing the site owner or its users; or (g) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Nature’s Rhythm will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in any such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Nature’s Rhythm on this Site and other than generally available third party web browsers.
INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS AND PATENTS
Any and all Content on any Nature’s Rhythm site, including for example all of the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text, are subject to intellectual property rights held by Nature’s Rhythm, one of its manufacturers or by third parties who have licensed their materials to Nature’s Rhythm. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any networt computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Nature’s Rhythm reserves complete title and full intellectual property rights in any Content you download from this website.
Nature’s Rhythm and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Nature’s Rhythm’s intellectual property rights.
SUBMISSIONS, REVIEWS AND FEEDBACK
Please note that by submitting any stories, comments, feedback, reviews, letters, suggestions, product ideas, and/or all other submissions submitted or offered to Nature’s Rhythm, whether through this Site, by telephone, by e-mail or otherwise submitted or offered (collectively, “Comments”), you hereby grant Nature’s Rhythm a royalty-free, irrevocable, transferable right and license to use such Comments in any manner we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, and/or create derivative works.
Nature’s Rhythm will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us anything or share any product concepts that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork. Nature’s Rhythm is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that any Comments submitted by you to us will not violate the terms in this Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
Nature’s Rhythm’s comment, blog and review services are available to our users subject to the following guidelines. Out of respect for all of our users, we ask that you do not use obscene, profane or threatening language in your messages or comments. We also ask that you do not submit or post photos, videos or other content that includes obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
- The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Nature’s Rhythm rule or policy;
- The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- The impersonation of any person or entity in any part of a gift message; or
- Any material that contains software viruses, political campaigning, commercial solicitation, mass mailings or any form of SPAM.
You are solely responsible for the content of any messages and/or images you submit and Nature’s Rhythm assumes no liability for any content submitted by you. Nature’s Rhythm is not responsible for the content of any messages and/or images you submit and assumes no liability for any content submitted by you. We do not regularly review posted comments, and are not obligated to restrict or remove any content from a message, nevertheless we reserve the right to monitor and edit or remove any comments submitted to this site.
You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify Nature’s Rhythm and its affiliates for all claims resulting from any comments you submit. Nature’s Rhythm and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
You hereby agree to indemnify, defend and hold harmless Nature’s Rhythm and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms.
Nature’s Rhythm reserves the right to terminate these Terms at any time, and may do so immediately, without notice, thereby denying you access to any Nature’s Rhythm site, if at our sole discretion you fail to comply with any Terms set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms.
WITHOUT LIMITING THE FOREGOING, NATURE’S RHYTHM DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
NATURE’S RHYTHM ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
DISCLAIMER ON CUSTOMER REVIEWS
ANY CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY NATURE’S RHYTHM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NATURE’S RHYTHM, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR MALFUNCTION OF THIS WEBSITE. YOU, THE USER, WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL. NATURE’S RHYTHM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME STATES MAY LIMIT THE ABILITY OF VENDORS TO DISCLAIM IMPLIED WARRANTIES; THEREFORE THE LANGUAGE OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Applicable law may not allow the Limitation of Liability set forth above, so this Limitation of Liability may not apply to you. If any part of this Limitation on Liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Nature’s Rhythm under such circumstances for liabilities that otherwise would have been limited shall not exceed $100.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Nature’s Rhythm to act with respect to a breach of these Terms by you or others does not constitute a waiver of any nature and shall not limit Nature’s Rhythm rights with respect to such breach or any subsequent breaches in any way.
These Terms shall be governed by and construed under Kentucky law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these Terms must be brought in the state or federal courts of Kentucky and you hereby consent to the exclusive personal jurisdiction of such courts.
TERMS MAY CHANGE
Nature’s Rhythm reserves the right to update or modify these Terms at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms. We encourage you to review these Terms whenever you use this website so that you have reviewed the most current version.
In the event that any provision of the Terms conflict with the law under which the Terms are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
PART TWO- Applicable in the event you purchase any product through the site (in addition to the terms and conditions set forth under Part One.)
Additional features may be shown in some product display photos, so make sure to refer to the product descriptions for each article. We strive to accurately display a true likeness of our products, however, as the actual image reflected on your monitor may vary, we cannot guarantee that your monitor’s display of any product will be accurate.
ORDERS AND ACCEPTANCE
Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. All offers are void where prohibited.
PRICING & AVAILABILITY
Please confirm you have selected pricing in US dollars; taxes, shipping and handling charges are additional. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Finally, while we strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
All items are subject to availability and we reserve the right to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order, in which case a full refund will be given. Nature’s Rhythm also reserves the right, in its sole discretion, to determine and limit the number of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.
Please inspect your purchase immediately upon arrival. Damaged shipments from handling must be claimed with the freight carrier. If any items are missing, be sure to note this on the freight bill. If you notice concealed damage after the driver has left, keep all the packing and call the freight carrier to return and inspect the damage and file a claim. Nature’s Rhythm is not responsible for damage caused by the freight carrier.
Be sure to inspect your Nature’s Rhythm products closely prior to any use and never use any product that appears defective. If you believe a product sold by Nature’s Rhythm has a condition or defect that might make it unsafe, please report this safety concern immediately via telephone at 859-749-9047 or via email at [email protected]. Note that small imperfections that do not affect durability or function, such as settling of the contents of food products, are to be expected and are not considered product defects.
SHIPPING & HANDLING
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, accordingly, you agree to check all charges before placing an order. Any projected shipping times are estimates only – actual delivery dates may vary.
PAYMENT; CREDIT FOR REFUNDS
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Nature’s Rhythm makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NATURE’S RHYTHM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF NATURE’S RHYTHM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.