Welcome to the Natalie White, LLC (“Natalie White”), nataliewhitecollection.com website (the “Site”). By using this site, you are agree to the terms and conditions set forth and use of this site is subject to the following terms and conditions and other applicable law. Please do not use this site if you do not agree with and accept these terms and conditions.
You may use the Site and services only if you are eighteen (18) years of age or older and are capable of entering into a binding contract. By utilizing the website and services, you represent and warrant that you are eighteen (18) years of age or older.
Natalie White, its licensors or its content providers are the owners of and have exclusive rights to all of the content on this Site, including, but not limited to, all designs, text, images, logos, media clips and downloads, interfaces, computer code and software (“Content”). All trademarks, service marks, logos and other Content displayed or featured on the Site, including, but not limited to “Natalie White”, and the Natalie White logo are the property of Natalie White, LLC. In addition, this Site and its contents are protected by copyright laws. Nothing on this Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use a trademark, service mark or logo featured on this Site without the prior written consent of Natalie White. You acknowledge that you shall not construe anything on this Site as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly, by estoppel or otherwise. Natalie White reserves all rights not expressly granted or relinquished herein in regards to the Site and its Content.
By using any user content available through the website or services, you hereby grant to Natalie White a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, create content based upon public display, public perform and distribute your user content with maintaining and providing the services and content to you and other users.
You represent that you own or otherwise have the legal right to the material you submit to the Site. You agree to grant Natalie White a non-exclusive, irrevocable and perpetual right to use, modify, reproduce, publish, distribute, display and create derivative works from any material which you submit to the Site. Such right shall include the right to use your name and any personal information you submit.
All trademarks, service marks and trade names of Natalie White used in the site are trademarks or registered trademarks of Natalie White.
Natalie White reserves the right, at its sole discretion, to refuse or terminate a person’s access to and use of the services, at any time and without notice to you. The following provisions will survive upon termination: Prices, Payment, Cancellation, Return and Exchange Policies, Feedback, Content and Content Rights, Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, Content Ownership, General Prohibitions, Warranty Disclaimer.
You agree to only utilize this site and its services for lawful purposes and in accordance with the Terms of Service and Usage. You agree to not use this site or its services to engage in conduct that would constitute a criminal offense, civil liability, or would otherwise violate the laws of any local, state, national or international law, regulation or administrative law; communicate, transmit redistribute or upload content or material that infringes or violates a third party’s patent, copyright, trademark, trade secret, or any other intellectual property rights; is incomplete or false; contains unsolicited advertising, promotional materials, any addresses or email addresses, phone numbers or any contact information; contains corrupted files, viruses, or any other harmful software; is libelous, defamatory or otherwise unlawful, threatening, harassing, vulgar, sexually explicit, or otherwise objectionable; is violent or promotes violence; is impersonating any person or business, including Natalie White, our employees and agents.
DISCLAIMERS AND LIMITATION OF LIABILITY
The use of the Site and Content and your purchase of products are at your sole risk. THE SITE IS PRESENTED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. NATALIE WHITE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the product or services will meet your requirements. We make no warranty regarding the quality, truthfulness or completeness of any Content. We offer no advice, information, whether written or oral, obtained by you and such shall not create any warranty not expressly made herein. You should discontinue using the site, services, and products if you are dissatisfied with the services.
IN NO EVENT SHALL NATALIE WHITE, ITS AFFILIATES, LICENSEES, ASSIGNS, SUCCESSORS, CONTRACTORS, SUBCONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, SERVICING, OR DELIVERY OF THE SERVICES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY LOSS CLAIMED ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OF THE USE OF THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
If there is a dissatisfaction with the product, the sole remedy is to seek and return or refund.
Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless Natalie White, its affiliates, licensees, assigns, successors, contractors, subcontractors, service providers, suppliers, or any other party involved from and against all claims, liabilities, damages, expenses, and costs (including reasonable attorney’s fees) arising out of or related to or in connection with your access to and use of the services, your content or your violation of these terms.
This Site and the services provided upon are intended to be accessed and used where such access and use is permitted in the Commonwealth of Kentucky.
Any and all disputes arising between you and Natalie White will be governed by the arbitration dispute outlined below.
Informal Dispute Resolution
In the event of a dispute, claim or controversy arising out of or relating to these terms, services, or usage, you and Natalie White agree to attempt to first resolve the dispute informally by sending a notice clearly marked Notice of Dispute. The Notice of Dispute will contain a statement setting forth the grievance along with your name, address, and contact information. The grievance shall provide factual basis giving rise to the Dispute and the relief requested. Upon review, you and Natalie White will attempt to resolve the Dispute using reasonable and good faith efforts within thirty (30) days of receipt of the Notice of Dispute.
Agreement to Arbitrate and Arbitration Procedure
In the event the Dispute cannot be resolved within thirty (30) days through information dispute resolution, you and Natalie White agree to resolve the Dispute through binding arbitration in accordance with the American Arbitration Association (AAA). You agree to submit to arbitration in the county form in which you reside. For residents outside of the United States, you agree to submit to the personal jurisdiction of any state or federal court in Kentucky.
No Class Actions
You agree that you shall resolve disputes with Natalie White on an individual basis, and may not bring a claim as a plaintiff, or participate in a class action or representative action.
This Agreement of Terms of Service constitutes the entire agreement between you and Natalie White and this Agreement supersedes any prior agreements between you and Natalie White. These terms shall not transfer or inure to the benefit of another person.
You agree there is no agency relationship, employment, partnership between you and Natalie White as a result of these Terms of Service.
The failure of Natalie White to enforce any rights or provisions of the Terms of Service shall not constitute a waiver of any such right.
If any part of the Terms of Service is found to be unenforceable by a court of competent jurisdiction, then the remaining provisions shall survive and remain enforceable.