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Terms of Use and Privacy Policy

A. TERMS OF USE

Welcome to the www.naturenates.com website (the “Site”) of North Dallas Honey Company d/b/a Nature Nate’s (the “Company” or “us” or “we”).  You (the “User”) have requested access to the Site and other mobile applications, the Services (defined below) that we provide through the Site and information, images, graphics, data, text, files, links, photographs, graphics, audio, video, messages, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to the Site as well as in e-mail, text and other electronic messages between you and our Site and through mobile and desktop applications of the Company that you may download or otherwise access through our Site, which may provide dedicated browser and/or non-browser-based interaction between you and this Site (collectively “Content”).  It does not apply to information collected by us offline or through any other means, including on any other website or software application or device operated by the Company (including our affiliates and subsidiaries) or through any other third party providing services through the Company; or any other third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.  Please carefully read the terms and conditions of use of the Site and Content (these “Terms of Use”).  Your access and use of the Site and Content is conditioned on your acceptance and agreement without modification to these Terms of Use.  Please note that other portions of the Site may contain additional and/or different terms and conditions of use.

Access

We may provide you with a variety of resources, such as news and information about our Company, your account information, the ability to communicate electronically with the Company, and access to products, services and information available from time to time on or through the Site (the “Services”).  We reserve the right in our sole and absolute discretion to terminate, modify, or suspend your access to the Site, Content or Services at any time (for any reason, or for no reason).  In particular, and without limitation, we may terminate, modify, or suspend your access to the Site, Content and/or Services upon your non-compliance with these Terms of Use.

Privacy

Our Privacy Policy is incorporated into, and made a part of, these Terms of Use.

Representations

You represent and warrant that (i) you are at least 18 years of age, (ii) your use of the Site and Content is legal in, and does not violate any laws or rules of, the jurisdictions in which you reside or from which you use or otherwise access the Site, (iii) all information (if any) provided by you to us is correct, (iv) you possess the legal right and ability to enter into these Terms of Use, (v) your use of the Site and Content shall be in accordance with these Terms of Use, (vi) your use of the Site and Content shall be in accordance with all applicable laws and regulations, (vii) you are capable of assuming, and do assume, any risks related to the use of the Site and Content, and (viii) you understand and accept the terms, conditions and risks relating to the use of the Site and Content.

Intellectual Property Rights

Unless otherwise indicated, our Site and Content are property of the Company, its affiliates, its licensors or other third parties and are protected under applicable copyright, trademark, patent, and other intellectual property rights and laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use or publication by you of the Content is strictly prohibited.  No ownership or other interest or license in or to any patent, copyright, trademark, trade secret and other intellectual property rights or to the Content is being granted, assigned or transferred in these Terms of Use or by reason of your access to, and use of, the Site, Content or Services.

All trademarks, service marks, trade names and copyrights displayed on the Site or in the Content are proprietary to us or their respective owners.  You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Site.

Access to the Site and Content, and use of our Services, are being provided for your business use only. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the Site or Content, or resell or make our Services available to others.  All rights in and to the Site and our Content not expressly granted in these Terms of Use remain in us or in our licensors.

Protected Areas

In the event access to the Site, or a portion thereof is limited, requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your ID and password as provided to you by the Company.  You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party.  You agree that you are fully responsible for all activity occurring under your user ID.  Your access to the Site may be revoked by the Company at any time with or without cause.

Confidential and Proprietary Information

During the course of your use of the Site, you may have access to information which is confidential and proprietary to us or our suppliers, licensors or other similar entities. The term “Proprietary Information” means any information or material which is proprietary and confidential to us or our suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents; business records and plans; business information; product formulation and specifications; marketing plans and strategies; financial statements; customer lists and records; technical information; inventions; product design; information; services; pricing structure; discounts; computer programs and listings; source code and/or object code; software; and any other such proprietary information.  You understand and acknowledge that the Proprietary Information is owned, obtained or licensed by us or our suppliers, licensors or other similar entities by the investment of significant time, effort and expense, and that the Proprietary Information is a valuable, special and unique asset of ours or our suppliers, licensors or other similar entities, which provides us with a significant competitive advantage.  Therefore, you must hold in confidence and not disclose the Proprietary Information to any person or entity without our prior written consent.  You shall be liable for any and all breaches of Terms of Use and any unauthorized use or disclosure of Proprietary Information.  If you become compelled by applicable law, regulation or legal process to disclose any of the Proprietary Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy.  Further, if you become compelled to disclose any of the Proprietary Information, you must disclose only that portion of the Proprietary Information you are legally required to disclose as confirmed by a legal opinion of your counsel at your expense.  Upon our request, you shall return all materials containing Proprietary Information.

Indemnification

You shall indemnify, defend, and hold us, our affiliates and our licensors, owners, officers, directors, employees, subcontractors, information providers, suppliers, attorneys, agents, parents, subsidiaries and affiliated entities, and the owners, officers, directors, employees, subcontractors, attorneys, agents, parents, subsidiaries and affiliated entities of each of them (collectively, “our Affiliated Parties”) harmless from any liability, loss, claim, damages, suit, judgment, cost or expense, including, but not limited to, reasonable attorneys’ fees, related to or arising out of your (i) failure to comply with any of these Terms of Use, (ii) violation of applicable law, or (iii) your use of the Site or Content or access by anyone else using your user ID and password.  We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use, the Site or your access to or use of the Site or Content.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Disclaimers

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, THE SERVICES OR THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”  WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE SITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE.

YOUR USE OF THE SITE, SERVICES AND CONTENT IS AT YOUR SOLE RISK.  ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICES FROM OR REGARDING THE SITE, CONTENT, OR YOUR PURCHASES FROM US.  WE DO NOT WARRANT THAT THE SITE, PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF (A) THE SITE, THE CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE; OR (B) TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA.

FURTHER, WE AND OUR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.  IF YOU USE THE SITE, THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.  NEITHER WE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Use of Services 

By way of example, and not as a limitation, you agree that when using our Content, Services or any other portion of the Site, you will not:

(i)             Use the Site, Content or Services, in whole or in part, except as expressly provided in these Terms of Use or use the Site or Content for any purpose that is unlawful, immoral, or otherwise prohibited by these Terms of Use or any applicable local, state, federal or international law, rule or regulation;

(ii)           Use the Site, Content or Services in any manner that could damage, disable, overburden, or impair the Site, Content or Services, or interfere with any other user’s use and enjoyment of the Site, Content or Services;

(iii)         Obtain, or attempt to obtain, any materials, information or other Content through any means not intentionally made available or provided for through the Site;

(iv)          Violate or attempt to violate the security of the Site or circumvent or attempt to circumvent, any security feature of the Site, including (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization or in violation of these Terms of Use;

(v)           Modify, delete, decompile, disassemble or reverse engineer the Site, Content or Services in any way whatsoever;

(vi)          Upload, e-mail, conduct or otherwise transmit to or through the Site or Services, any advertising, promotional, or other unauthorized communication, including, without limitation, sweepstakes, contests, junk mail, surveys, unsolicited e-mail, spam, chain letters, or pyramid schemes;

(vii)        Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, logic bombs or any other computer code, files, or programs designed to or that might interrupt, destroy, interfere, damage or limit the functionality of the Site, Content or Services, or any computer software or hardware or telecommunications equipment;

(viii)      Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to access, copy or download data on the Site, deep link to any feature or content on the Site, by-pass robot exclusion headers or other measures the Company may use to prevent or restrict access to any Site;

(ix)          Incorporate data from any of our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express and written consent;

(x)           Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(xi)          Use the Services except as expressly provided in these Terms of Use or publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Site or Content to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;

(xii)        Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

(xiii)      Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages;

(xiv)       Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;

(xv)        Violate any code of conduct or other guidelines that may be applicable for any particular Service or any other portion of the Site or Content;

(xvi)       Harvest or otherwise collect information about others, including, but not limited to, e-mail addresses, without their prior, express, and written consent;

(xvii)     Violate any applicable federal, state, local or international laws, rules or regulations;

(xviii)   Use the Services if you are located in a country embargoed by the U.S. or are on the U.S. Treasury Department’s list of Specially Designated Nationals;

(xix)       Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;

(xx)        Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

(xxi)       Otherwise attempt to interfere with the proper working of the Site;

We have no obligation to monitor the Services, the Site or Content.  However, we reserve the right to review materials posted to a Service and to remove any materials in our sole discretion.  We assume no liability relating to our monitoring acts or omissions.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

Materials uploaded to a Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Information Provided to Us 

Subject to the Privacy Policy, any and all information, data, sound, photographs, videos, and works of authorship that you provide to us, including all comments and suggestions (collectively “Visitor Generated Content”), you grant us a non-exclusive, transferable, assignable, sublicenseable, perpetual, irrevocable, worldwide, royalty-free and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export and prepare derivative works of such Visitor Generated Content through multiple tiers of distribution in any and all media now known or hereafter invented.

No compensation will be paid with respect to the use of your Visitor Generated Content, as provided herein.  We are under no obligation to post or use any Visitor Generated Content you may provide and may remove any Visitor Generated Content at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Visitor Generated Content, you represent and warrant that you own or otherwise control all of the rights to your Visitor Generated Content as described in this section including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Visitor Generated Content.

You are legally responsible for all Visitor Generated Content uploaded, posted or stored through your use of the Services.

Our Services may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging facilities designed to enable you to upload or distribute information, materials and other content, or to communicate with the public at-large or with a group. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate or otherwise transmit via the Site.  We do not control or necessarily screen or monitor the End User Content posted on the Site and, as such, we do not guarantee the accuracy, integrity or quality of such End User Content.  We reserve the right, in our sole and absolute discretion, to edit, delete or record any End User Content appearing on the Site.  You understand that entering or using the Site may expose you to End User Content that is offensive, indecent, or objectionable to you. You agree to use the Services only to post, send and receive messages and material that are proper and related to the particular Service. You grant to us a limited non-exclusive, transferable, assignable, sublicenseable, irrevocable, worldwide, royalty-free and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export and prepare derivative works of the End User Content for purposes of providing to you the Services for which the End User Content was provided.

Special Notice Regarding Copyright Infringement

You may not use our Services to infringe copyrights.  We will attempt to terminate our Services to anyone who we become aware is repeatedly using our Services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.

We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any agreement pursuant to which you use our Services or any software that utilizes them, these Terms of Use for the Site or applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OR OTHER INFORMATION OR SERVICE RELATED TO THE SITE AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I) ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR OUR PRODUCTS OR SERVICES, (II) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT, OR RELATED SERVICES, OR FROM THE USE OR MISUSE OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT OBTAINED THROUGH THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV) OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF YOUR DATA OR INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS, SITES, OR OTHER CONNECTIONS, OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS, OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Links

The Site may, from time to time, contain links to or reference third party websites, resources and advertisers (collectively, “Third Party Sites”).  Your linking to such Third Party Sites is at your own risk.  We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements or other information made on the Third Party Sites.  We do not investigate, monitor or check such Third Party Sites for accuracy or completeness.  We are not responsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites.  We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you.  No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site.  If you decide to leave the Site and access these Third-Party Sites, you do so at your own risk.  Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites.  You should direct any concerns to the respective Third Party Site’s administrator or webmaster.  Any links to Third Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.

Modification

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should read these Terms of Use periodically for changes.  If you use the Site after we post changes to these Terms of Use, you will be deemed to have accepted the changed Terms of Use.

Governing Law

These Terms of Use and the Privacy Policy shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, without regard to conflicts of law principles.  Any cause of action by you with respect to the Site must be instituted within two years after the cause of action arose or be forever waived and barred.  Any legal action concerning these Terms of Use shall be brought in the state and federal courts located in Dallas County, Texas.  The parties hereby consent to such jurisdiction and venue.

Relief Available for Violation

In the event of an actual or threatened violation of these Terms of Use, these Terms of Use may be enforced by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other available remedies.

Class Action Waiver

Any action brought by you must be in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

Miscellaneous

The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.  Our waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by us of any subsequent breach by you.

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use do not limit any rights or remedies that we or our suppliers, licensors, or other similar entities, may have under trade secret, copyright, patent, trademark or other laws.

These Terms of Use, and our Privacy Policy, and any end user click-through agreements contained on the Site constitute the entire agreement between us with respect to your use of the Site, and supersede all previous written or oral agreements.  No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration or any judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English as spoken in the United States.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN, AS AMENDED FROM TIME TO TIME.

B. PRIVACY POLICY

Thank you for visiting our Site.  We are committed to maintaining the privacy and security of your personally identifiable information (“Personal Information”) as you visit the Site and communicate through us via email, text or other electronic messages and/or through mobile and desktop applications.  This Privacy Policy explains our commitment to protect the Personal Information we collect, use, or disclose through the Site.  Please carefully read this Privacy Policy, which is incorporated into, and made a part of, the Terms of Use.

What Personal Information do we collect from the people that visit our Sites?

When ordering or registering on our Site, as appropriate, you may be asked to enter your email address or other details to help you with your experience.  Personal Information includes, but is not limited to, your (i) name, (ii) physical address, (iii) phone number, (iv) fax number and (v) e-mail address.  We may maintain a record of this information.  Personal Information does not include anonymous or aggregate information that does not identify you as an individual.

What Non-Personally Identifiable Information do we collect?

To help us tailor the Site to the needs and interests of our visitors, we may use automatic data collection technologies to collect various types of information about you, your equipment, browsing actions and patterns that do not identify you personally such as the products you purchase, the services you use, the frequency of such purchase and uses, the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, the length of time you spend on the Site, which pages you visited within the Site, which site you visited before coming to ours, and which site you accessed when you left the Site.

When do we collect information?

We collect information from you when you register on our Site, place an order, signup to our newsletter, fill out a form submission or enter other information on our Site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the Site, or use certain other Site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To fulfill your requests and product or service orders.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.
  • To provide you with information on products, specials, newsletters, promotions and other services we provide.
  • For marketing research.
  • To enforce the terms and conditions of this Privacy Policy or the Terms of Use.
  • To provide to third parties to maintain and/or operate the Site.
  • To give to our business partners and third party vendors that provide services or products selected by you.
  • To protect your personal safety and the personal safety of our users and the public in general (whether in emergency situations or otherwise).
  • To comply with the law or governmental or regulatory requirements, in response to legal process, to enforce our Site policies or to protect the rights, property or safety of the Company and others, as otherwise permitted or required by law.
  • To provide to our affiliates and subsidiaries.

As set forth in this Privacy Policy, we will only share Personal Information to third parties as is necessary to operate our business.  We will not sell your Personal Information to third parties except as set forth in the Business Transactions section of this Privacy Policy.

If you do not consent to the way in which we may use your Personal Information, please do not submit any Personal Information to us.

How do we protect visitor information?

Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when you place an order or enter, submit, or access your information to maintain the safety of your Personal Information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

We place a priority on protecting your Personal Information and take commercially reasonable measures to secure and protect such information.  However, we cannot guarantee that any electronic commerce is totally secure.  There is no guarantee that Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  We have no control over the information collected by your Internet service provider or your employer (if the Site is made available to you through your employer or if you send us Personal Information through your employer-provided email account) or information that you disclose in a public forum.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the Site’s or service provider’s systems to recognize your browser and capture and remember certain information.

We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save your preferences based on previous or current site activity, which enables us to provide you with improved services for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about Site traffic and Site interactions in order to offer better Site experiences and tools in the future.

We may also use trusted third-party services that track this information on our behalf.  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled and some of our services will not function properly.

However, you can still place orders.

Third-Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personal Information except as expressly set forth herein.

Third-Party Links

We do not include or offer third-party products or services on our Site.

Demographics and Interests Reporting

We have implemented demographics and interests reporting.  We, along with third-party vendors, such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Collection of Information by Third-Party Sites

The Site may contain links to other Internet sites.  In addition, we may have a third party payment processor who collects Personal Information when you purchase and pay for products, which it may pass on to us.  These other sites may have different privacy policies and this Privacy Policy does not apply to such other sites.  We have no responsibility or liability for the content and activities of these linked sites.  Any such third party that collects your Personal Information may use the information in accordance with its terms and conditions of use (and related privacy policies), which may be different from this Privacy Policy.  We are not responsible for any information collected by such third parties and/or how such information is used or maintained.  We have no authority to make any representations or commitments on behalf of any third party.

Unsubscribing and Opting-Out

If you have opted-in to receive status updates regarding our products or services, you may opt-out, at any time, from receiving any such status update by selecting the appropriate option on the informational page for such product or service located on the Site.

Business Transactions

We reserve the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, including Personal Information, to a third party in the event of a sale or other transfer of assets or of any portion of our business.  In the event we enter a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.

Changes to the Policy

We may amend this Privacy Policy at any time without specific notice to you.  The most recent form of this Privacy Policy will be posted at all times on the Site, and you should review this Privacy Policy each time upon visiting or using the Site.  You agree that each time you enter or use the Site, you accept and comply with, and agree to be bound by, this Privacy Policy, as modified.  If you do not agree to any provision of this Privacy Policy or to any modification to this Privacy Policy, please do not use the Site.

How does our Site handle do not track signals?

We delete customer data upon request.

Does our Site allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking.

Your California Privacy Rights

California Shine the Light Law

We collect various types of Personal Information about you during the course of your relationship with us.  Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes.  If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests in 2021 will receive information regarding 2020 sharing activities).  To obtain this information, please contact us at customercare@naturenates.com.  Furthermore, in response to your written request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

  • Users can visit our Site anonymously.
  • Users will be notified of any privacy policy changes on our Privacy Policy page.
  • Users are able to change their Personal Information by logging in to their account.

California Consumer Privacy Act (“CCPA”)

If you are a resident of California, the CCPA grants you the following specific rights regarding your Personal Information.

  • Right to Know

You have the right to submit a verifiable consumer request that we disclose the following to you in a readily useable format covering the 12 month period preceding your request:

  • The categories of Personal Information we have collected about you.
  • The categories of sources of the Personal Information we have collected about you.
  • The business or commercial purpose(s) for collecting Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • The specific pieces of Personal Information we have collected about you.
  • The categories of Personal Information we have disclosed for a business purpose.
  • Right to Request Deletion

You have the right to request that we delete any Personal Information that we have collected from you.  However, we are not required to comply with a request to delete, if it is necessary for us to retain the Personal Information in order to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with legal obligations.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • Right to Non-Discrimination

You have the right to be free from discrimination when you exercise your consumer rights under the CCPA, including by:

  • Denying you goods or services.
  • Charging you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Providing you a different level of quality of goods or services.
  • Suggesting that you may receive a different rate for goods or services or a difference level or quality of goods or services.

In order to exercise your rights, you must submit a consumer request, which must then be verified.  Generally, in order to verify your requests, we will compare the Personal Information we have about you to pieces of Personal Information we will request in the course of processing your request.  The Personal Information required for verification may include your name, email address, phone number, shipping address, or the date of your last purchase from us.  We will deliver a response to you within 45 days of receiving the verifiable consumer request.  Verifiable consumer requests to know may be submitted through one of the following methods:

You may submit a request to know and receive a response twice within a 12 month period.

Under the CCPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf.  Should you choose to do so, for your and our protection, we will require you to verify your identity directly with us and directly confirm that you have provided the authorized agent permission to submit the request.  We note, should your authorized agent fail to submit proof that he or she have been authorized to act on your behalf, we will deny the request.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Information from children under 13, the Children’s Online Privacy Protection Act (“COPPA Rule”) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to or collect information from children under 13.  If we learn that we have collected Personal Information from a child under the age of 13, we will promptly delete that information.  If you believe we have collected Personal Information from a child under the age of 13, please contact us at customercare@naturenates.com.

Fair Information Practices Principles

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe.  The Principles include notice/awareness; choice/consent; access/participation; integrity/security and enforcement/redress, which we follow.  We will notify the users via email within one business day should a data breach occur.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

If at any time you would like to unsubscribe from receiving future emails, you can email us at customercare@naturenates.com and we will promptly remove you from ALL correspondence in accordance with the CAN-SPAM Act.

Consent to Processing of Personal Information in United States

The Site and Services are intended for users in the United States.  If you are visiting the Site from a location outside the United States, your connection will be through servers located in the United States.  All information you receive from the Site will be created on services located in the United States, and all information you provide will be maintained on web servers and systems located within the United States.  The data protection laws in the United States might not be the same as those in your country.  Accordingly, your Personal Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information.  By using and accessing our Site, users who reside or are located in countries outside of the United States agree and consent to the transfer to storage and processing of Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

Contacting Us

If there are any questions regarding this Privacy Policy you may contact us using the information below.

naturenates.com
2910 Nature Nate Farms
McKinney, TX 75069
USA
customercare@naturenates.com