Conditions
of Use
Terms and
Conditions of Use Agreement
PLEASE READ
THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our customers, and by using our site you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site.
1. Acceptance of
Agreement. You agree to the terms and conditions outlined in this Terms and
Conditions of use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
3. Fraud: By
becoming a member, you confirm that the information provided in this form is
true and that you agree to abide by the Terms and Conditions of use of this
site. Please note that your membership can be canceled without notice if it is
determined that false or misleading information has been provided, the Terms
and Conditions of use have been violated, or other abuses have occurred as
determined by Nature's Specialties Soy Products in its sole
discretion. If membership has been revoked, Nature's Specialties Soy Products reserves the right to refuse application or readmission to the
membership program.
4. Limited Right
to Use. The viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
5. Editing,
Deleting and Modification. We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right given to
you to obtain information or documents is not transferable and may only be used
by you.
8. Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET
9. Limits.
All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the purchase
price you pay for any goods, services or information.
10. Use of
Information. We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
11. Third-Party
Services. We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and Merchants. YOU
AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
12. Third-Party
Merchant Policies. All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on such sites. We are
not responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
13. Privacy Policy.
Our Privacy Policy , as it may change from time to time, is a part of this
Agreement.
14. Payments.
You represent and warrant that if you are purchasing something from us or from
our Merchants that (i) any credit card information you supply is true, correct
and complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
15. Links to Other
Web Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide to leave
our Site and access these third-party sites, you do so at your own risk.
16. Submissions.
All suggestions, ideas, notes, concepts and other information you may from time
to time send to us (collectively, "Submissions") shall be deemed and
shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding
the Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
17. Return Policy.
Due to the nature of our online site, and the products listed, we Nature's Specialties Soy Products have a ALL SALES ARE FINAL policy for all products. No product shall be able to be
returned for a like item, or for a cash refund. However, some exceptions may be made if previously established prior to sale; likewise for fundraisers.
18. Venue;
Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY
OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT
COURT OF USA OR THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF MICHIGAN. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO
SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE
WAIVING ANY CLAIM THAT MARLETTE, MICHIGAN OR THE DISTRICT OF MICHIGAN IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by Nature's Specialties Soy Candles, in the State of Michigan,
19. Verify Members' Address: Nature's Specialties Soy Products reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Nature's Specialties Soy Products.
