NatureCity, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, events, products, and services provided by third parties. NatureCity makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. NatureCity expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Site, and you agree that NatureCity shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Site.
Health-Related Information
Any statements on this Site or any materials or supplements distributed or sold by NatureCity have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site or in NatureCity e-mails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a physician before using any of our products.
Your use of this Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Privacy Policy
The registration data and certain other information about you is subject to our Privacy policy. Please review the full Privacy Policy.
Links to Other Sites
The NatureCity Site may provide links, in its sole discretion, to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that NatureCity is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that NatureCity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
Disclaimer
THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NATURECITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE. MOREOVER, NATURECITY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NATURECITY MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
Limitation of Liability
You expressly absolve and release NatureCity from any claim of harm resulting from a cause beyond NatureCity’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
MOREOVER, IN NO EVENT SHALL NATURECITY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NATURECITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NATURECITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, NATURECITY’S SERVICES AND MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE SITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NATURECITY DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. NATURECITY AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
Indemnity
To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless NatureCity and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, independent contractors, attorneys, predecessors, successors, and assigns from and against any and all claims, actions, cause of action, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), judgments or penalties of any kind or nature relating to or arising from any breach by you of this TOU or your receipt of text messages from NatureCity or its service providers.
Governing Law
This TOU and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of law provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of Palm Beach, state of Florida, United States of America, in all questions and controversies arising out of your use of the Site and this TOU. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent as other documents and records originally generated and maintained in printed form. Please contact NatureCity if you wish to receive a printed copy of this TOU.
Arbitration and Class Action Waiver
Any controversy or claim arising out of or related to the use of the Site that cannot be resolved through an informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the COUNTY OF PALM BEACH but may proceed telephonically (if the claimant so chooses). BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in FLORIDA.
Termination of Account
These TOU will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Site, whichever is earliest. NatureCity reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof, and NatureCity shall have the right to immediately terminate a user’s account in the event of any conduct by a user which NatureCity, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these TOU. Termination will be effective, with or without notice. You may also terminate these TOU at any time by ceasing to use the Site, but all applicable provisions of these TOU will survive termination. The provisions concerning NatureCity’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these TOU, and governing law will survive the termination of these TOU for any reason.
Waiver & Severability
Failure to insist on strict performance of any of these TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by NatureCity of any right under these TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.
Entire Agreement
No joint venture, partnership, employment, or agency relationship exists between you and NatureCity as result of this TOU or your utilization of this Site. This TOU, NatureCity’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and NatureCity with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NatureCity with respect to this Site. Be advised that NatureCity reserves the sole and absolute right to change the terms and conditions of this TOU and the terms and conditions under which this Site and its many offerings are extended to you by posting and providing notice of a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, NatureCity may add, modify, or delete any aspect, program, or feature of this Site. Your continued use of this Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
SMS Messaging Terms & Conditions
By opting into the NatureCity SMS Program, you agree to receive recurring text messages related to updates, promotions, account notifications, reminders, and other relevant information associated with NatureCity. Message content may vary depending on your interaction with our services.
Message Frequency
Message frequency may vary based on user interaction.
Message & Data Rates
Message and data rates may apply. Your mobile carrier may charge fees for sending or receiving text messages. These charges are billed by and payable to your mobile carrier and are not the responsibility of NatureCity.
Opt-Out Instructions
You may opt out of the SMS program at any time by replying STOP to any message. Once you opt out, you will no longer receive SMS messages from us unless you re-enroll.
For help, reply HELP to any message or contact us using the information below.
Consent & Eligibility
By providing your mobile phone number and opting into our SMS program, you confirm that you are the authorized user of the number and that you consent to receive text messages from NatureCity as described above. Consent is not a condition of purchase.
How To Contact Us
Should you have other questions or concerns about these legal notices or the practices of this Site, or if you are interested in reprinting any of the content of this website, please contact us at:
+1 (800) 593-2563
NatureCity
900 Broken Sound Parkway NW, Suite 380
Boca Raton, Florida 33487
customerservice@naturecity.com
