- THESE TERMS AND CONDITIONS MAY CHANGE
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use this Site.
Neal's Yard Remedies and "We" refers to NYR Organic, Inc., the exclusive distributor and licensee of Neal's Yard Remedies' products in the United States with its principal place of business NYR Organic, Inc., One Concord Farms, 490 Virginia Road, Concord, MA 01742.
"Website" or "Site" refers to the website located at www.nyrorganic.com, or any subsequent URL which may replace it.
"User" or "You" means you the individual accessing this Website.
"Terms and Conditions" means the Terms and Conditions set out in this Webite.
"Products", "Goods" or "Items" each means the articles supplied and displayed for sale on this Website.
"Delivery" means the delivery of any Goods or Items.
"Buyer" refers to you the customer placing an order for Goods or Items.
- SECURITY ONLINE
At Neal's Yard Remedies, we appreciate how important security is to you. We implement various security measures in accordance with industry standards to protect the security of your personal information, both on line and off line. All financial transactions take place inside an SSL security system. By looking in the security dialog in your browser you can inspect the identity of the security certificate owner and be certain that you are purchasing Neal's Yard Remedies' products securely.
- REGISTRATION AND SECURITY
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
- PRODUCT SERVICE AND AVAILABLITY
Reference to any product or service on this Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product in your local shop will be the same as that included on the Site. Neal's Yard Remedies controls and operates this Site from its headquarters in Concord, Massachusetts, in the United States of America. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States and we will not be able to fill your order if you require shipping outside of the United States.
- INTELLECTUAL PROPERTY
All information and content on this Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Neal's Yard (Natural Remedies) Limited of London ("the Company"), our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 7 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- LIMITED LICENSES
Neal's Yard Remedies grants you, the User, a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless you have a business relationship with us) of the contents of this Site, which includes the digital Content.
This limited license does not include the right to: (a) frame or utilize framing techniques to enclose this Site or any portion thereof including any trademark, logo, or other proprietary information (including images, text, page layout, or form); (b) republish, redistribute, transmit, copy, sell, license, modify or download this Site or its Content, or any portion or derivative thereof, except as necessary to view this Site; (c) make any use of this Site or its Contents other than for your personal use (unless you have a business relationship with us); (d) modify, reverse engineer or create any derivative works based upon either this Site or its Content; (e) collect account or profile information for the benefit of yourself or any other party; (f) use any meta tags or any other "hidden text" utilizing this Site's Content; (g) 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 this Site's infrastructure; (h) interfere or attempt to interfere with the proper working of this Site; (i) use Neal's Yard Remedies' name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or (j) compile, repackage, disseminate or otherwise use data extracted from this Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require our express written consent (which may include a written agreement signed by our authorized representative). Any unauthorized use of this Site, its Content or any portion or derivative thereof shall terminate any license or permission granted by Neal's Yard Remedies. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
Neal's Yard Remedies also grants you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only (unless you have a business relationship with us). A website that links to the Site (a) may link to, but not replicate, any and/or all of our Content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (e) 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; and (f) 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 and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Materials on this Site are the copyright property of the Company. All rights reserved. The Company neither warrants or represents that your use of materials displayed in this Site will not infringe rights of third parties not owned by or affiliated with the Company. You may not distribute, modify, transmit, reuse, reproduce, re-post or use the copyrighted materials on this Site for public or commercial purposes, including the text, images, audio and video, without the express written consent of the Company. You are hereby authorized to view, download, print and distribute, individual pages from this Site subject to the following conditions:
- The copyrighted materials on this Site may be used for informational purposes only.
- Except as specifically authorized by the Company, the copyright materials on this Site may only be used for non-commercial, personal purposes.
- Any copy or distribution of the copyrighted materials on this Site, or portion thereof, must include this copyright notice, and all other copyright and other proprietary notices contained on the materials.
- Text: Unless otherwise stated, all text featured on this website is copyright of the Company. Any reproduction, in full or in part, must credit the Company.
- Photographs: All photographs featured on this Site are subject to copyright and must not be reproduced without permission.
- Trademark: The Company's logo, the initials "NYR" and "Neal's Yard Remedies" are registered trademarks of the Company and are subject to copyright. They must not be used or reproduced without permission.
- ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Neal's Yard Remedies reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order).
The materials on this Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Neal's Yard Remedies expressly disclaims any duty to update or revise the materials on this Site, although we may modify the materials at any time without notice. Your use of this Site is at your sole risk, and you assume full responsibility for any costs associated with your use of this Site. Neal's Yard Remedies shall not be liable for any damages of any kind related to your use of this Site.
This Site may contain links to Sites owned or operated by parties other than Neal's Yard Remedies. Neal's Yard Remedies has not reviewed the content of all sites linked to this Site. Neal's Yard Remedies does not control outside sites and is not responsible for the content of any offsite pages or any other sites linked to this Site. Linking to any other offsite pages or other sites is at your own risk. Outside sites may contain information that some people may find offensive or inappropriate. Neal's Yard Remedies assumes no responsibility for the screening of any site that is included as a link, and assumes no responsibility for the content, completeness, availability, accuracy, legality or decency of any linked site. Neal's Yard Remedies does not endorse any products or services available from other sites, and it is not responsible for the failure of any linked site to provide any promised goods or services. This Site may link you to pages that may have been removed or modified since the information was last collected and indexed. You may link your site to us.nyrorganic.com on the following conditions: You shall not place any content from this Site in a frame on your site. You shall not imply that Neal's Yard Remedies endorses your site, or any products on your site. You shall not misrepresent the relationship of your site with Neal's Yard Remedies. You shall not present false information about Neal's Yard Remedies products or services. You shall not use the Neal's Yard Remedies trademarks with express written permission. Your site shall not contain material that could be construed as offensive. You site shall be appropriate for all age groups. You shall "deep link" to this Site – you shall only link to the home page at us.nyrorganic.com. You shall indemnify and hold harmless Neal's Yard Remedies and employees from any claim brought by any third party arising out of your linking to this Site. You agree to immediately remove your link to this Site immediately upon request by the Neal's Yard Remedies, or if you breach any of these linking conditions.
You agree to defend, indemnify and hold Neal's Yard Remedies harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site and/or your breach of any representation, warranty, or other provision of the Terms and Conditions.
- DISPUTE RESOLUTION
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Neal's Yard Remedies agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Site, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(a) to Neal's Yard Remedies, Attn. General Counsel Giacomo James Corrado, Esq., CORRADO MONTGOMERY, 267 Fifth Avenue, Suite 810, New York, New York 10016, (212) 838-0600, E-mail: email@example.com; or
(b) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Neal's Yard Remedies, agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Should the parties be unable to amicably resolve any dispute regarding this Site as set forth above, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by and construed in accordance with the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and/or federal courts of the State ofNew York, County of New York and/or the Southern District ofNew York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Neal's yard Remedies right to require strict observance of each of the terms herein.
You agree that Neal's Yard Remedies' remedy at law for any actual or threatened breach of these Terms and Conditions would be inadequate and that Neal Yard's Remedies shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Neal's Yard Remedies may be legally entitled to recover, together with reasonable expenses including, without limitation, attorneys' fees. No right or remedy of Neal's Yard Remedies shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by Neal's Yard Remedies of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
- QUANTITY AND DESCRIPTION OF SERVICES AND GOODS
The quantity and description of the Goods or Items shall be as set forth in this Site.
- WARRANTIES AND LIMITATIONS OF LIABILITY
The site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or this 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 are not responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) delays or interruptions to your access of this Site; (c) any inaccuracies or omissions in content of this Site; (d) loss or damages of any sort incurred as a result of data delivery errors, corruption, destruction or other modification of this Site, dealings with or the presence of off-website links on the site, or computer viruses, system failures or malfunctions which may arise from your use of the site, including during hyperlink to or from third-party websites; or (e) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to this Site or your use thereof regardless of the form of action whether in contract, tort (including negligence). You agree that no claims or action arising out of, or related to, the use of this Site or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
If any the provisions set forth in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. These Terms and Conditions constitute the entire agreement between us relating to your use of this Site.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Neal's Yard Remedies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Neal's Yard Remedies' copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Neal's Yard Remedies' agent for notice of claims of copyright infringement is Giacomo James Corrado, Esq., CORRADO MONTGOMERY, 267 Fifth Avenue, Suite 810, New York, New York 10016, (212) 838-0600, E-mail: firstname.lastname@example.org
- Please note that this procedure is exclusively for notifying Neal's Yard Remedies that your copyrighted material has been infringed.
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