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Naturalab Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING
OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Naturalab
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by
visiting, browsing, shopping, accessing or otherwise using the Site. These
terms and conditions are subject to change without prior notice at any time,
in Naturalab's sole discretion. By visiting, browsing, shopping, accessing
or otherwise using the Site after a change has been posted to the Site,
the Customer accepts that change. Customers should check this User Agreement
and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Naturalab (References to
"you" or "your" shall relate to a customer of Naturalab
or other party that visits, browses, shops, accesses or otherwise uses the
Site (the "Customer"); references to "Naturalab"
shall relate to Naturalab and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree
to this User Agreement, as it may be changed by Naturalab from time
to time, do not use this Site. The material provided on this Site is protected
by law, including, but not limited to, United States copyright law and international
treaties. This Site is controlled and operated by Naturalab from its
offices within the United States. Naturalab makes no representation
that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are
illegal is not authorized. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance
with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of FL without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in MIAMI County, FL to hear any such claims.
Access, Interference and Linking
Naturalab grants you a limited license to access
and make personal use of the Site and not to download (other than page caching)
or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Naturalab.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual
process to monitor or copy portions of the Site or the content contained
herein without prior written permission by Naturalab; collection or
use of any product listings, descriptions, or prices, from the Site for
the benefit of another merchant that supplies products competitive with
or comparable to those offered on the Site; and, Any use of, visits to,
or other action that imposes an unreasonable or disproportionately large
load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted
by Naturalab.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
Naturalab, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Naturalab logo or other proprietary graphic or trademark as part of
the link without express written permission.
Naturalab does not review or control third-party sites that link to
or from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this
Site is held by Naturalab or by the original creator of the material.
Except as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission
of Naturalab or the copyright owner. Permission is granted to display,
copy, distribute and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded
or printed materials. You also may not, without Naturalab 's prior written
permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers. Naturalab
and the Circle of Service logo are trademarks of Naturalab Copyright
© 2002 Naturalab.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL Naturalab BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF Naturalab OR A Naturalab
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information
therein available and/or by purchasing any products or services made available
through this Site, you agree with Naturalab, its service providers,
agents, employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offer or of goods or services on this Site or
through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE
USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS
OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the
Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this User Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and
the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C.
§§ 201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided by the Code
and if any In-person Hearing is required, it shall be held in Doral, FL.
Each party shall bear its own cost of any legal representation, discovery,
or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs
your visit to this Site.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the Site only with a parent
or guardian. Naturalab reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Naturalab
Any communication or material you transmit to the
Site by electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Naturalab
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Naturalab
is free to use any ideas, concepts, know-how, or techniques contained in
any communication you send to Naturalab or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints
If you believe that your work has been copied in
a way that constitutes copyright infringement, please contact:
Naturalab
3042 NW 82 AVE
Doral FL, 33122
Phone: 1-877 416 0837
Fax: 305 470 2339
Email: sales@naturalab.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions
of this User Agreement, please do not visit, browse, shop, access or otherwise
use this Site.
Naturalab Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF
SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS
SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Naturalab. IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between
the Customer and Naturalab. The Customer accepts this Sale Agreement
by making a purchase, placing an order, or otherwise shopping on the Site.
(References to "you" or "your" shall relate to the Customer;
references to "Naturalab" shall relate to Naturalab and
its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted
on the Site at the time the Customer initially places or modifies an order
will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and Naturalab relating to the purchase or sale
of goods or services on the Site. The Sale Agreement may only be modified
or terminated with regard to goods or services that have been purchased
or sold on the Site in a writing signed by Naturalab. Electronic records
(including signatures), that are otherwise valid, shall be accepted under
the Sale Agreement. The Customer consents to receiving electronic records,
which may be provided via a web browser or e-mail application connected
to the Internet; consumers may withdraw consent to receiving electronic
records or have the record provided in non-electronic form by contacting
Naturalab at the address provided below.
In the event of any conflict between the terms
and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of
this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FL, WITHOUT REGARD TO CONFLICTS
OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
OR STATE COURTS LOCATED IN MIAMI COUNTY, FL FOR PURPOSES OF ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained
by the seller until goods are paid for by the purchaser and at that time
title passes to the purchaser. Loss or damage that occurs during shipping
by a carrier selected by Naturalab is Naturalab's responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer
is Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If goods herein being purchased are being purchased
for purposes of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and
void for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal Disclaimer
Naturalab HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
BY Naturalab IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY,
IF ANY.
Internet Disclaimer
Internet connectivity requires access services
from an Internet access provider. Contact your local access provider for
rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however,
current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Naturalab are third party
products and are subject to the warranties and representations of the applicable
manufacturers, including but not limited to Y2K compliance. Accordingly,
Naturalab makes no representation or warranty with respect to the Y2K
compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices,
products and offers, Naturalab reserves the right to make adjustments
due to changing market conditions, product discontinuation, manufacturer
price changes, errors in advertisements and other extenuating circumstances.
High volume bids are welcome!
While Naturalab uses reasonable efforts to include accurate and up-to-date
information on the Site, Naturalab makes no warranties or representations
as to the Site's accuracy. Naturalab assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
Naturalab WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Naturalab
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Naturalab
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS)
arising from or relating to this Sale Agreement, its interpretation, or
the breach, termination or validity thereof, the relationships which result
from this Sale Agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to this Sale
Agreement), Naturalab's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM
(the "Code") in effect at the time the claim is filed. The Code
is available at http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208
or as codified in the jurisdiction where enforcement of the award is sought).
Hearings shall be held as provided by the Code and if any In-person Hearing
is required, it shall be held in Doral, FL. Judgment on the award
rendered by the arbitrator(s) may be entered by any court having jurisdiction.
Each party shall bear its own cost of any legal representation, discovery,
or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Naturalab until
accepted by Naturalab. Terms of payment are within Naturalab's sole
discretion. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Naturalab may invoice
parts of an order separately. Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law. The Customer is responsible for
sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary;
contact your Naturalab account manager for our most current and competitive
rates, options and shipping specials. For the Customer's protection, we
ship only to the verified billing address of the Customer's credit card.
In some circumstances, international shipping may be available. Call for
details.
Return Policy
NO REFUNDS - All sales are final.
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