Last updated: October 27, 2016 at 14:43 pm

These terms and conditions (“Terms of Use”) are presented by Naturally Considerate (“NC”, “we,” “us,” or “company”) and govern your use of the brands Naturally Considerate and Inateka on the site located at naturallyconsiderate.com (the “Sites”). Please also see our privacy policy (“Privacy Policy”), located at naturallyconsiderate.com/privacy-policy.

This is a legally binding agreement between you and NC. Your use of the Sites constitutes your acceptance of, and agreement to follow and be bound by, such policies and by these Terms of Use. reserves the right, at any time, to modify, alter, or update the Sites, all policies, and these Terms of Use. Each time you access the Sites, you are agreeing to these Terms. If you do not wish to be bound by these Terms of Use, you may not access or use the Sites.

By accessing, browsing, and/or using the Sites, including all Materials made available on or accessed through the Sites, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws.

When you interact with us through the Sites by sending us an email or other electronic communication, we interpret, and you agree, that such communication satisfies any requirement under the law that such communication is a legal writing.

ELIGIBILITY

You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms.

Naturally Considerate may change its eligibility criteria at any time. This provision or sections thereof are void where prohibited by law and the right to access the site is revoked in such jurisdictions.

MODIFICATIONS

As we learn and grow, we may update our Terms of Use, so please check back often. These Terms of Use were last updated on or around the date provided above. All amended terms shall automatically be effective at the time and date they are initially posted on the Sites.

We reserve the right to make changes to any terms at any time, however, we shall provide notification to you in advance of substantive changes becoming effective, such as by posting a notification on the Sites or via e-mail. If you continue to access and/or use the Sites after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Use as changed. The revised Terms of Use supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms of Use any time you access or use the Sites, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Sites.

INTELLECTUAL PROPERTY

All content included in or made available through the Sites, such as text, graphics, photographs, logos, images, audio clips, digital downloads, and data (collectively the “Materials”) is the property of Naturally Considerate or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Sites is the exclusive property of Naturally Considerate and protected by U.S. and international copyright laws.

Naturally Considerate and Inateka’s logo designs and the tag lines, are trademarks or trade dress of Naturally Considerate and/or its related entities in the U.S. and other countries, whether or not federal registration has been pursued (“Naturally Considerate Trademarks”). Naturally Considerate Trademarks and trade dress may not be used without permission and may not be used in connection with any product or service that is not a Naturally Considerate-endorsed product or service. All other trademarks not owned by Naturally Considerate that appear on the Sites are the property of their respective owners.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Sites on your computer or other device and (b) download any of the Materials as specifically available for downloading solely for your own lawful, personal, non-commercial use, except as otherwise stated on the Sites. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any other Materials that are made available on or accessed through the Sites with their own license terms, conditions and notices shall be governed by such terms, conditions and notices. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, NC does not grant you any express or implied rights or licenses to any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror the Sites or any of the Materials on another web site or in any other media.

USE RESTRICTIONS AND PROHIBITED CONDUCT

Any commercial or promotional distribution, publishing, or exploitation of the Sites or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of NC, licensors or affiliates of NC, or the otherwise applicable rights holders. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Sites or any of the Materials. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Sites.

You agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Sites in any manner with the intent to interrupt, damage, disable, overburden or impair the Sites; (c) use the Sites or any of the Materials in violation of NC or any third party’s intellectual property or other proprietary or legal rights; (d) use the Sites or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Sites, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Sites; (g) attempt to gain unauthorized access to the Sites through hacking, password mining or any other means; (h) use or attempt to use any “spider,” “robot,” “bot,” “scraper,” “data minder,” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Sites (or portions thereof) or Materials; or (i) bypassing or circumvent or attempting to bypass or circumvent security measures employed to limit or otherwise manage coupon printing or other offers or promotions. This provision does not prevent you from using RSS feeds that may be provided on the Sites.

The Sites may be indexed by search engines that survey the internet and are available to the public generally.

COMPANY AND PRODUCT INFORMATION ON THE SITES

All content on the site related to NC or any product manufactured, offered for sale, or sold by or its related entities is provided for educational purposes only. Visitors cannot use the site to purchase, request, or otherwise obtain any product identified, described, or otherwise shown on the site.

DENIAL OF ACCESS

These Terms of Use constitute an agreement that is effective unless and until terminated by NC. If, in NC sole discretion, you fail to comply with any term or provision of this agreement, NC may deny you access to the Sites. In the event of denial of access by NC, you are no longer authorized to access the Sites, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and NC relating to the subject matter addressed herein.

LINKS

The site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by NC of the content, materials, or information available on such third party web sites. NC is not responsible for the content, materials, or information available on linked third party sites and does not make any warranty or representation regarding same. Nor does NC make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that NC endorses, is affiliated or associated with, the linked-third-party site. If you decide to access linked third party web sites, you do so at your own risk.

In general, NC does not object to links to the site from third-party web sites. Unless NC has a written agreement with you, you may not use any of NC’s trademarks, service marks or trade names in or with your links. You may not present the link to the Sites in any way that suggests has any relationship or affiliation with your web site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with NC to do so. You may link to the Sites using the plain text name of the Sites. Link only to the home page of the Sites. Do not, without NC’s written permission: (a) incorporate any of our content into your web site (e.g., by in-lining or framing); (b) use any of NC’s, trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying NC or the site in any “metatag.” NC will not tolerate links from any web site that may adversely affect the name, reputation and/or goodwill of NC or any charitable organization. NC reserves the right to terminate permission to link to the Sites at any time, for any reason.

ELECTRONIC COMMUNICATIONS

When you visit the Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Sites, about any of our products or services, or for such other purposes as we deem appropriate. If you do not want to receive email from us in the future, you may opt out by following the unsubscribe instructions contained in the email you receive.

YOUR POSTINGS ON THE SITES AND NC SOCIAL MEDIA

In the event NC allows you to post content on the Sites or its social media platforms, including but not limited to Facebook, Twitter, Instagram, or Pinterest sites, that content must be owned or controlled by you or you must otherwise have permission to post it. NC does not monitor general posts, but has the right to do so, and the right to remove content it reasonably believes violates the rights of third parties or is otherwise inappropriate, offensive, unlawful, or inapposite to NCs’ core values. Posting any content grants to NC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such content in any media throughout the world. You grant NC and its sublicensees the right to use the handle or name you submit in connection with the referenced content, but not the obligation to do so.

LIMITATION OF LIABILITY

Your use of the Sites is solely at your own risk. The Sites and all content and information contained therein is offered “as is” and on an “as available” basis, unless otherwise specified in writing. NC makes no representations or warranties of any kind, express or implied, as to the operation of the Sites.

NC hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, except where prohibited under the law. NC does not warrant that any information contained on the Sites is free of viruses or other harmful elements. NC is and will not be liable for any damages of any kind arising from any third party use of the Sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Depending upon the state in which you reside, some of the foregoing may not apply to you.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

INDEMNITY

You agree to defend, indemnify, and hold harmless NC, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Sites or any portion thereof, your breach of these Terms of Use and/or violation of any applicable laws.

APPLICABLE LAW

By using any Sites, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NC.

MISCELLANEOUS

The Sites is operated by NC, which is located in the State of New York, United States of America. NC makes no claims that the content, materials displayed, distributed, made available or accessed through the Sites, are appropriate or may be downloaded outside of the United States. Access to the Sites and/or such Materials may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of New York. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and NC with respect to the use of the Sites. These Terms of Use and any related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NC without restriction.