We respect your online privacy and your private details will remain just that – private. The following Privacy Statement sets out the different types of information we collect, why we collect it and what you can do if you would like to remove yourself from a mailing list or change any details we may hold.
We do not collect personally identifiable information about you, except when you provide it to us. When you submit your personally identifiable information on this Website, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Statement. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
The information you provide may be used by us to create and deliver to you our e-mails, catalogues, surveys or other communications containing product information, cosmetics tips or promotions. If you prefer not to receive such communications, please email us at: email@example.com requesting to be removed from our mailing list.
We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We will not sell or rent your personally identifiable information to third parties.
We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Website. We may share or transfer such non-personally identifiable information with or to our affiliates, licensees and partners. We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
In addition, we may use IP addresses to analyze trends, administer our Website, track traffic patterns, and gather demographic information for aggregate use. Except as otherwise disclosed in this Privacy Statement, we will not use IP addresses in combination with your personally identifiable information without your prior consent.
We may retain other companies and individuals to perform functions on our behalf. Examples include data analysis firms, customer support specialists, web hosting companies, and fulfillment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose. Such third parties may also use the information collected in aggregate form for their internal business purposes, such as generating statistics for marketing materials. This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Statement applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.
As we continue to develop our business, we might sell certain of our assets. In such transactions, user information, including personally identifiable information, generally is one of the transferred business assets, and by submitting your personal information on the Website you agree that your data may be transferred to such parties in these circumstances. We may revise this Privacy Statement from time to time. If we decide to change our Privacy Statement, we will post the revised Statement here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Statement. Please note that our rights to use your personally identifiable information will be based on the privacy statement in effect at the time the information is used.
Access to this website and its content is provided without charge to users “AS IS” and without warranty of any kind. We shall bear no responsibility or liability for any damages of any kind arising out of or in connection with, the use, copying or display of, content from this website.
TERMS AND CONDITIONS
2. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Due to availability, we have the right to change our containers as needed and without notace.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, or other content available on the Site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Be Natural Organics, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Be Natural Organics, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
7. Your Account
You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Be Natural Organics, LLC’s best interests to do so.
8. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site, including, without limitation, Gloss.com. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You’re linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
10. Representations and Warranties; Limitation of Liability
The site is presented “as is.” We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; © data non-delivery, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on the site; (e) computer viruses, system failures, or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.