Terms & Conditions
Welcome to the Nature of Things LLC (“Nature of Things LLC, “we,” and “us”) Site (“Site”). These Terms and Conditions (“Terms and Conditions”) govern your use of this Site. By using the Site, you accept and agree to these Terms and Conditions and the Nature of Things Privacy Policy. We reserve the right to revise, update, modify or alter the Terms and Conditions at any time, without notice to you, such changes to be effective immediately upon posting on the Site. If you do not agree to the Terms and Conditions, you are not granted permission to access or use this Site and must exit immediately.
1. Proprietary Rights. As between you and Nature of Things LLC, we own, solely or exclusively, all rights, title and interest in and to the Site, all data, content, graphics, forms, artwork, images, photographs, code, audio and/or video clips, software and other material on, in or made available through the Site (the “Site Material”), as well as the selection, arrangement, look and feel, design, coordination, and organization of the Site Material (together with the Site Material, the “Site Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Site or the Site Proprietary Contents, other than the right to use the Site in accordance with these Terms and Conditions.
2. Limited License. You may access and view the content on the Site on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions, use of the Site and the services offered on or through the Site are only for your personal, non-commercial use.
3. Unauthorized Activities. You agree that any commercial or promotional distribution, publication or exploitation of the Site or any Site Proprietary Contents is strictly prohibited unless you have received the express prior written permission of an officer of Nature of Things LLC or the otherwise applicable rights holder. You agree that you will not (a) use the Site for any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) download, post, display, publish, copy, distribute, transmit, broadcast or create derivative works from, or otherwise exploit any of the Site Proprietary Contents; (c) alter, edit, delete, remove, change the meaning or appearance of any of the Site Proprietary Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyright notices or any other proprietary notices on any Site Proprietary Contents; (d) attempt to gain unauthorized access to Nature of Things LLC’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Site or any goods or services provided through the Site. We reserve the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms and Conditions, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.
4. Trademarks. The names, titles, trademarks, service marks, and logos that appear on the Site, including without limitation “Nature of Things LLC” are registered and unregistered marks of Nature of Things (the "Trademarks"). You may not use the Trademarks without our prior, written permission. The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Site grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third-party trademark owner.
5. Privacy Policy. You may use the Site without registering or submitting any personally identifiable information. As a service, we offer visitors to the Site the opportunity to subscribe to the Nature of Things LLC email newsletter (“Newsletter”). To subscribe to the Newsletter, you will be asked to submit your name and email address (“Subscriber Information”). You may subscribe or unsubscribe at any time by following the directions on the Newsletter. Any personal information and/or Subscriber Information that you provide to Nature of Things LLC on the Site is subject to our Privacy Policy. You agree that you are solely responsible for the accuracy of your Subscriber Information. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
6. Third Party Websites and Content. The Site may contain links to third party websites or services that are not owned or controlled by Nature of Things LLC or its affiliates. Nature of Things LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Nature of Things LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Nature of Things LLC may use the services of third parties.
8. Disclaimer. Nature of Things LLC, its subsidiaries and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Proprietary Content or other items contained within the Site. We reserve the right to immediately remove or make changes to any Site Proprietary Contents for any reason or for no reason in our sole discretion. WE PROVIDE THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE MAKE REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES WHICH MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.
9. Liability. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Nature of Things LLC, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR NATURE OF THINGS LLC HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PROTECTED ENTITIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE PROPRIETARY CONTENTS, USER INFORMATION OR SUBSCRIBER INFORMATION ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE OF PRODUCTS PURCHASED AND PAID FOR BY YOU VIA THE SITE IN THE PRECEDING TWELVE (12) MONTH PERIOD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF NATURE OF THINGS LLC AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN UNITED STATES DOLLARS ($10.00.). If you are dissatisfied with the Site, or with any of these Terms and Conditions, or feel we have breached these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification. You shall indemnify, defend and hold the Protected Entities harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of or incurred in connection with your use of the Site or products or services obtained through the Site, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms and Conditions.
11. Governing Law and Jurisdiction. These Terms and Conditions represent the entire agreement between you and Nature of Things LLC with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Texas, United States of America, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the personal and exclusive jurisdiction of the federal and state courts located in the County of Dallas and State of Texas, United States of America; (b) accept service of process by personal delivery, mail, or email; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
12. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Site or Site Proprietary Contents or other materials available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The waiver or failure of Nature of Things LLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms and Conditions or any provision hereof. All rights not expressly granted by Nature of Things LLC herein are specifically and completely reserved.