These Terms and Conditions apply to the website and all other online properties (the “Site”) operated by Naked & Thriving Inc. (“N&T”, “N+T”, “we”, or “us”), including the website you are now visiting. The use of the Site is subject to the following terms and conditions (the “Terms”). By using this Site, you are entering into a legally binding agreement and agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site. If you do not agree to these Terms, then you must exit the Site immediately. If you have any questions about the Terms, please contact us at [email protected]
When you visit the Site or send communicate with N&T, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (a) are an authorized representative of such company, entity, or organization; (b) have the authority to bind such company, entity, or organization to these Terms; and (c) agree to be bound by these Terms on behalf of such company, entity, or organization.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of N&T or its licensors, partners or affiliates and is protected by United States and international copyright laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of N&T. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at [email protected]
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to N&T, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of N&T, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. License and Access
You have a limited license to use the Site for personal use only. This license does not permit you to (a) resell or make any commercial use of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
VII. Accounts and Registration
You represent and warrant that the information you provide to us upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at [email protected] You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
VIII. Prices, Payments, Refunds, and Ship-Insure
Prices. The price for all items available for purchase through the Site will be displayed to you on the Site. There is no charge for standard shipping, but expedited shipping may be purchased at additional cost. Please see “Shipping” below for more information.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
Returns, Refunds and Cancellations
Warranty. We expressly disclaim all warranties, express or implied, including the warranty of merchantability and fitness for a particular purpose, to the maximum extent permitted by law. If you want to return your item, please contact us at [email protected] For orders shipped within the United States, each customer is limited to one return or exchange per customer. Returns are only permitted on your first order. Returns must be submitted within 30 days of the package being delivered. Items eligible for returns must be shipped back within 14 days of the return label being generated.
The returned items must have at least 50% or more of the product left in the bottle in order to qualify, and must have been purchased through www.nakedandthriving.com. We cannot accept nearly empty containers, or containers filled or tampered with other products for refund or exchange. Complimentary gifts with purchase items must be included to be eligible for a full refund.
Please note that we are not able to refund original shipping charges as these are paid directly to the carrier. For eligible first time orders purchased between 01/13/22 – 02/23/22 the original shipping charges may be refunded, if expedited shipping was selected then these costs will not be refunded.
Title. Risk of loss and title for any items purchased from N&T pass to you upon delivery of such item to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Shipping. When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.
International returns and exchanges are not accepted at this time.
Users have the option of including protection to their order for a fee. Ship-Insure covers the cost of one (1) replacement shipment if the shipment is lost, stolen, or damaged and is within the replaceable time ranges.
Ship-Insure – Lost Shipments
Shipments are deemed lost if the shipment is not delivered and the tracking information does not show it as delivered after 30 days for destinations within the United States and after 45 days for international shipments. For shipments that are lost Naked & Thriving must be notified within 45 days of purchase in order to receive a replacement for orders within the United States and within 60 days of purchase for international shipments.
Ship-Insure – Stolen Shipments
For shipments that are stolen Naked & Thriving must be notified within 21 days of delivery in order to receive a replacement. Packages are deemed stolen if they have not arrived 7 days after they are marked as delivered. Shipments with a retail value of $150 USD or more that are stolen will require a police report for the replacement.
Ship-Insure – Damaged Shipments
For shipments that are damaged Naked & Thriving must be notified within 7 days of the date of delivery in order to receive a replacement. Only items that are damaged will be replaced. Damaged items are defined as products that have incurred damage that prohibit the proper and safe use of the products. In certain instances Naked & Thriving may request certain items returned so they can be inspected and used to prevent future damages. For damaged shipments please include images of the damaged products in the order that show the inability to be used properly and safely.
Ship-Insure – Replacements
Replacement orders will be sent using the same shipping method as the original unless an alternative shipping method is requested and any difference in shipping costs are paid for by the customer.
Ship-Insure – Other
If an order is marked delivered, but you have not received it please allow 3-4 business days for it to arrive. If any persons are believed to be abusing this policy they will not be covered by it. Without acceptable evidence it will be up to the sole discretion of Naked & Thriving to determine if a shipment is covered. This policy is subject to updates, changes, and cancellation at any time.
Ship-Insure – Cost
The cost of Ship-Insure is determined at checkout and is based on the retail value and shipping address of the shipment. Ship-Insure is non-refundable.
Ship-Insure – Contact
If you believe that your order has been lost, stolen, or damaged and you’ve purchased Ship-Insure please contact us at [email protected].
Continuous Subscriptions. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) N&T (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON THE FREQUENCY OF SHIPMENTS YOU MOST RECENTLY SELECTED (E.G., MONTHLY, EVERY TWO MONTHS OR OTHERWISE) FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP ANY SHIPMENT OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, SUBJECT TO THE TERMS SET FORTH ON OUR SITE AND HEREIN.
Cancellation Policy. IN ORDER TO CANCEL YOUR SUBSCRIPTION, YOU MUST DO SO AT LEAST FIVE (5) DAYS PRIOR TO YOUR NEXT BILLING DATE WHICH IS SHOWN ON THE MY ACCOUNT PAGE. TO CANCEL YOU MUST EITHER EMAIL US AT [email protected] OR LOG INTO YOUR ACCOUNT. ANY CANCELLATION RECEIVED WITH LESS THAN FIVE (5) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
Discounted and Free Trials: From time to time, to the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE DISCOUNTED AND/OR TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION
IX. Discount Codes
From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by N&T will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Sponsors. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
X. Creative Ideas
We appreciate hearing from the public and welcome your comments regarding the Site. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). You agree that any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) your Review, for any purpose whatsoever, including promotion of the Site. You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you provide. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Review that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (ii) the Review you submit does not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred,; or (ii) introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to Naked & Thriving Inc. 608 Willoughby Avenue Brooklyn, New York 11206.
XIII. Other Sites
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
XVI. Use of Site
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or
access the Site from a jurisdiction where it is illegal or unauthorized.
XV. Mobile Messaging Program
In addition to the other terms and conditions set forth herein, the following terms apply to the Program:
Opt In. The Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Native. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Opt Out Process. If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Naked & Thriving in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description. Without limiting the scope of the Program, individuals that opt into the Program can expect to receive messages concerning the marketing and sale of personal care products or other products, goods, or services from Naked & Thriving. Messages may include checkout reminders.
Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, message frequency will vary, and additional mobile messages may be sent periodically based on your interaction with Naked & Thriving.
Support Instructions. For Program support, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the opt out procedures set forth above.
MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction. You may not participate in the Program if you are under sixteen (16) years of age. If you use or participate in the Program and are between the ages of sixteen (16) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that: (i) you are over 16 years of age; and (ii) if you are between 16 and 18 years of age you have the express permission of your parent or guardian who has accepted the Agreement on your behalf.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Naked + Thriving and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
XVII. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NAKED + THRIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
XVIII. Conflict Resolution
These Terms and the relationship between you and us will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the city of New York, New York. You agree to submit to the exclusive jurisdiction of arbiters in this forum, and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:
YOU AGREE TO ARBITRATION
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
XX. Updating Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated. These Terms are effective October 17, 2016.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
XXIII. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
YEAR SUPPLY CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A purchase will not improve chances of winning. This contest is only open to legal residents of the United States who are at least 21 years of age or older upon the date of entry. It is void where prohibited or regulated by law. By entering you agree to be bound and subject to these rules. Any violation of these rules may result in disqualification. All decisions are final and binding in all respects.
How to Enter. You may enter the contest in two ways. First, you may share Naked & Thriving using the link provided on facebook. You must share your entry publicly in order for your entry to be registered. Second, you may send an email to [email protected] indicating your desire to enter the contest or letter to Naked & Thriving at 608 Willoughby Avenue Brooklyn, New York 11206. Limit one entry per person per day.
Winner Selection. Winner selection will be conducted by random drawing from all eligible entries each month following the contest closing time (the “Drawing Date”). Any potential winner will be notified by mail, email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including, without limitation, the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion.
Prize and Terms. There will be one (1) winner each year who will receive a 6 full-size (1 oz./35ml) Naked & Thriving face oils, with an approximate estimated retail value between $260-$320. A redemption code will be sent to the winner to redeem the prize or may be sent to the winner if his or her address is known.
Taxes. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
Odds of Winning. The odds of winning this Promotion depend on the number of eligible entries received. Limit one (1) Entry per person, per address.
No Transfer or Substitution. No prize or any portion thereof is transferable or redeemable for cash, will not be replaced if lost or stolen, and cannot be applied to existing credit balances. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
Content and Release. By entering the Promotion, each entrant releases and discharges NAKED & THRIVING, the judging organization (if applicable), the Parties and any other party associated with the development, or administration or promotion of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his/her/they name, likeness, biographical data, and contact information (including any email address provided by entrant) for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner shall be required to sign an affidavit of eligibility (including providing social security number) and a liability/publicity release, including a release of any claims for personal injury or otherwise relating in any way to the receipt of the services or the usage of the products awarded through this Promotion; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first try to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any of the Sponsor Entities, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will not be awarded to such minor.
DISCLAIMERS. (i) The Parties are not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) The Parties, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Moreover, use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) The Parties further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including (but not limited to) by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, legal or regulatory constraints or technical failures of any sort. (iv) The Parties are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will The Parties be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES AND THE PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, PARTIES AND THE PARTIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent the Parties’ good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by the Parties are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
Applicable law. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Delaware, without regard to any principles of conflict of laws. (i) Each entrant and (ii) each visitor to Naked & Thriving website agrees that all disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by an arbiter (not a state or federal court) located in Delaware. Should there be a conflict between the laws of the State of Delaware and any other laws, the conflict will be resolved in favor of the laws of the State of Delaware. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, treble, incidental and/or consequential damages.
Winner List. For a list containing the name of the winner(s), send a self-addressed stamped envelope within six (6) months of the month’s Drawing Date, to: Winner List, “Naked & Thriving Sweeps” c/o Naked & Thriving at 608 Willoughby Avenue Brooklyn, New York 11206. Please specify the Drawing Date in order to obtain the list.
Sponsorship. This Promotion is sponsored by and the responsibility of Naked & Thriving at 608 Willoughby Avenue Brooklyn, New York 11206 (the “Sponsor”).