WELCOME
TO OUR WEB SITE LOCATED AT WWW.OILSBYNATURE.COM
(THE “WEB SITE”). OILS BY NATURE INCORPORATED (“OILS
BY NATURE”, “WE” OR “OUR”) PROVIDES
THE SERVICES AVAILABLE ON THE WEB SITE TO YOU SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS. PLEASE READ THIS PAGE CAREFULLY.
BY ACCESSING AND USING THIS WEB SITE, YOU ARE ACKNOWLEDGING
THAT YOU HAVE READ AND UNDERSTAND AND AGREE WITHOUT LIMITATION
OR QUALIFICATION TO BE BOUND BY THESE TERMS AND CONDITIONS.
We reserve the right, at any time, to modify these web site
terms and conditions without notice, and by using this Web Site
you agree to be bound by these modifications. Therefore, you
agree that it is your responsibility to visit this page periodically
to view the then current terms of access by which you will be
bound.
Please note that other web sites and web pages lined to this
Web Site may be governed by separate terms and conditions.
Please refer to the applicable terms and conditions of those
web sites and web pages when visiting them. TERMS AND CONDITIONS PROVISION SUMMARY
- Information Accuracy And Availability Of This Web Site
- Prohibited User Conduct And Unauthorized Access
- Product Details
- Access And Use Of Information
- Intellectual Property Rights Notice
- Hypertext Links
- Submissions To Oils By Nature.Com
- Terms Of Sale
- Territory Statement
- Disclaimer Of Warranties
- Limitation Of Liability
- Indemnification
- Law And Jurisdiction
- General
INFORMATION ACCURACY AND AVAILABILITY OF THIS WEB
SITE All information and materials contained on this Web Site
have been prepared solely for the purpose providing general
information about Oils by Nature and the products which Oils
by Nature sells. All such information and materials published
on this Web Site are provided in good faith as a convenience
to You and may be used for information purposes only and at
all times in accordance with these Terms and Conditions. Oils by Nature endeavours to ensure that the information
and materials published on this Web Site are correct and up
to date. However, we make no representations or warranties
(express or implied) that the information or materials published
on this Web Site are accurate, comprehensive, verified or
complete. In particular, we make no representations or warranties
(express or implied) concerning the fitness for any particular
purpose of any such information or materials. The information
on this Web Site does not constitute any form of advice and/or
recommendation. Oils by Nature does not undertake to update
or correct the information and/or materials contained on this
Web Site but Oils by Nature reserves the right to make improvements
and/or changes to (including the removal of) the products
and/or programs described in this information and to delete
and/or move any such information or materials at any time
and without notice. In the event that an item is listed at
an incorrect price or with incorrect information due to an
error in pricing or product information, Oils by Nature shall
have the right, at its sole discretion, to refuse orders placed
for that item. Prices and availability are subject to change
without notice. While Oils by Nature tries to ensure that this Web Site is
normally available 24 hours per day, Oils by Nature will not
be liable if, for any reason, this Web Site is, at any time,
unavailable for any period of time or at all. Access to this
Web Site may be suspended temporarily or permanently without
notice. PROHIBITED USER CONDUCT AND UNAUTHORIZED ACCESS As a condition to your use of this Web Site, you agree that
you will not, and you will not take any action intended to:
(i) access data that is not intended for you; (ii) invade
the privacy of, obtain the identity of, or obtain any personal
information by any Oils by Nature customer or user of this
Web Site (iii) probe, scan or test the vulnerability of this
Web Site or the Oils by Nature network or breach security
or authentication measures without proper authorization; (iv)
attempt to interfere with service to any user, host or network
or otherwise attempt to disrupt our business, including without
limitation, via means of submitting a virus to this Web Site,
overloading, “flooding”, “spamming”,
mail bombing” or “crashing” or (v) send
unsolicited mail, including promotions and/or advertising
of products and services. Violations of system or network security may result in civil
or criminal liability. Oils by Nature reserves the right to
investigate occurrences that may involve such violations and
may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Web
Site or any activity being conducted on this Web 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 Web Site other than the
search engine and search agents available from Oils by Nature
on this Web Site and other than generally available third
party web browsers. PRODUCT DETAILS Some information included on this Web Site or in the Web
Site Materials, including without limitation information provided
on technical data sheets, is provided for educational purposes
only. Some of this content comes from third parties. While
we believe these third party providers to be reliable source
of information, we do not vouch nor will we be liable for
the accuracy of such information. ACCESS AND USE OF INFORMATION Your access to this Web Site is strictly limited to viewing,
using, downloading and storing the information contained on
this Web Site solely for your legitimate personal use in furtherance
of your business with Oils by Nature. Oils by Nature grants
you a limited, revocable, and non-exclusive license to access
and make personal use of the Web Site. Please note that you
may not frame or utilize framing techniques to enclose the
Web Site or any portion thereof without our written consent.
By accessing this Web Site, You acknowledge and accept that
it is up to You to take precautions to ensure that whatever
information and/or materials contained on and/or linked to
or from this Web Site You select for Your use is free of such
items as viruses, worms, trojan horses and other items of
a destructive nature. INTELLECTUAL PROPERTY RIGHTS NOTICE The information and materials contained in this Web Site
are subject to copyright and/or other intellectual property
rights (including, but not limited to, rights in trade marks,
trade secrets and patents) owned by or licensed to Oils by
Nature. All rights in respect of such information and materials
are reserved to Oils by Nature or to Oils by Nature’s
third party licensors. As noted above You may download to a local hard disk and/or
print individual sections of this Web Site solely for your
personal use furtherance of your business with Oils by Nature
provided that you retain all copyright, other proprietary
notices or other intellectual property notices contained in
the original material on all downloads and/or copies made.
Any file downloads are made at your own risk. Except as expressly
provided in the Access and Use Section of these Terms, or
as required under applicable law, nether the Content, the
trademarks, nor any other portion of the Web Site may be used,
reproduced, duplicated, copied, sold, resold, accessed, modified,
or otherwise exploited, in full or in part, for any purpose
without our prior written consent. You acknowledge that all proprietary rights in and to such
copyright material and/or materials attracting other intellectual
property rights are and shall remain vested in Oils by Nature
or Oils by Nature’s third party licensors and that You
shall obtain no rights in respect of such materials other
than as stated above. The products, technology or processes described in this Web
Site may be the subject of other intellectual property rights
reserved by Oils by Nature or by other third parties and You
shall obtain no rights in respect of such products, technology
or processes. HYPERTEXT LINKS In an attempt to provide increased value to our visitors,
this Web Site may contain links to other sites on the Internet
that are owned and operated by third party vendors and other
third parties (the “External Sites”). However,
even if the third party is affiliated with Oils by Nature,
Oils by Nature has no control over these linked sites, all
of which may have separate terms and conditions and policies.
Oils by Nature has no responsibility or liability for the
information and content on these other web sites, their independent
terms and conditions. These linked sites are for your convenience
and therefore you access them at your own risk. This Web Site
may be linked to or from other Web Sites which are not maintained
by and are independent of Oils by Nature. Links from this
Web Site exist for convenience and information purposes only.
Oils by Nature is not responsible for and has no control over
the content of such Web Sites and makes no warranties or representations
whatsoever (express or implied) about any other Web Site which
is linked to or from this Web Site. The inclusion of any link
to or from such Web Sites does not imply endorsement, sponsorship,
or recommendation by Oils by Nature of those Web Sites, their
providers, products and/or services. Hypertext links or other
signposting materials to this Web Site contained in any other
Web Site or document are not permitted without Oils by Nature’s
prior written consent. SUBMISSIONS TO OILS BY NATURE By sending Oils by Nature any material, remarks, suggestions,
ideas, graphics or any other information through this Web
Site (including, without limitation, by using any means of
contacting Oils by Nature displayed on this Web Site), You
grant Oils by Nature an unrestricted, non-exclusive, irrevocable,
royalty free, worldwide licence to use, reproduce, display,
perform, adapt, publish, translate, modify, transmit and distribute
those materials (as described) and You also agree that Oils
by Nature is free to use any ideas, concepts, know-how or
techniques that you send Oils by Nature for any purpose. TERMS OF SALE The Terms of Sale contain the
terms and conditions upon which Oils by Nature may agree to
sell goods and/or services contained on this Web Site to You.
Where Oils by Nature enters into a contract(s) with You for
the sale of such goods and/or services to You, then (in the
event of any inconsistency between these Terms of Access and
the Terms of Purchase) those Terms of Sale shall take precedence.
TERRITORY STATEMENT The information and materials provided on this Web Site are
not provided to and may not be used by any person or entity
in any jurisdiction where the provision or use thereof would
be contrary to applicable laws, rules or regulations of any
governmental authority or regulatory or self-regulatory organization
where Oils by Nature is not authorized to provide such information. You are responsible for compliance with all statutes, rules,
regulations and policies of all applicable worldwide jurisdictions
and the instrumentalities and political subdivisions thereof.
You must be satisfied that You may lawfully access and use
this Web Site, read the pages and/or act upon the information
and materials contained within the pages. Oils by Nature accepts
no responsibility for unauthorized access or for Your actions
in respect of these matters. For the avoidance of doubt, You
acknowledge that this Web Site is designed and made available
for use in the United States only. DISCLAIMER OF WARRANTIES THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY OILS
BY NATURE DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OILS BY NATURE DISCLAIMS ANY WARRANTIES THAT THIS WEB SITE
AND ANY INFORMATION AND/OR MATERIALS CONTAINED ON AND/OR LINKED
TO OR FROM THIS WEB SITE ARE FREE FROM SUCH ITEMS AS VIRUSES,
WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.
LIMITATION OF LIABILITY OILS BY NATURE SHALL NOT BE LIABLE WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTRICTION
OR OTHERWISE IN RESPECT OF ANY CLAIMS OR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL,
DATA, OR BUSINESS OPPORTUNITIES) OF ANY NATURE AND WHETHER
ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE
UPON THE INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE
THROUGH THIS WEB SITE OR OTHERWISE HOWSOEVER ARISING WHETHER
OR NOT OILS BY NATURE HAVE BEEN ADVISED OF THE LIKELIHOOD
OF SUCH LOSS. INDEMNIFICATION By using the Web Site, You agree to defend, indemnify and
hold Oils by Nature, and its affiliates, subsidiaries, and
agents, and their respective employees, contractors, directors,
officers and shareholders harmless from any and all claims,
demands, losses, liabilities, costs and expenses, including
reasonable attorneys’ fees, arising in any way from
Your use of the Web Site or any violation of these Terms of
Access by You, your employees, agents, contractors, invitees
or any third party within your control or to whom access to
Your computer system from which this Web Site has been accessed
has been directly or indirectly provided. Oils by Nature reserves
the right to assume or participate, at your expense, in the
investigation, settlement and defense of any such actions
or claims. LAW AND JURISDICTION This Web Site is controlled and operated from Oils by Nature’s
offices in the United States of America. The laws of the state
of Ohio, excluding its conflicts-of-law rules, shall govern
these Terms of Use and Your use of the Web Site. You agree
that any claim or dispute related in any way to Your use of
the Web Site shall be commenced and heard in the courts of
the State of Ohio, County of Cuyahoga. Any claim arising out
of or relating t these Terms of Access shall be brought within
one (1) year of the date on which the claim arose or such
claim shall be waived and forever barred. GENERAL If any provision of the Terms of Access is held to be invalid
or unenforceable, in whole or in party, such holding shall
not affect the validity or enforceability of the other provisions
of these Terms of Access, and any part of such provision not
held invalid or unenforceable shall remain in effect. Oils
by Nature’s failure to act with respect to a breach
of these Terms of Access by You does not constitute a waiver
of its right to act with respect to subsequent or similar
breaches. You acknowledge (a) that You have read and understood
these Terms of Use; and (b) that these Terms of Use have the
same force and effect as a signed agreement. This Agreement
represents the complete agreement between you and Oils by
Nature with respect to the subject matter hereof and supersede
and govern all prior proposals, agreements, or other communications. |
