TERMS + CONDITIONS

TERMS OF USE

​

Last Revised: September 9, 2018

Thank you for visiting this site, which is owned and operated by Naturally On A High, LLC and its affiliates

(“ Naturally On A High”, “we”, “our” or “us”). These Terms of Use (these “Terms”) are provided by  Naturally On A High and apply to all of Naturally On A High’s and its affiliates’ digital activities through

www. NaturallyOnAHigh.com, any other websites and domains, any mobile websites or applications, and social media platforms (individually a “Website” or collectively the “Websites”).  As between the parties, the Websites are the property of Naturally On A High and we make the Websites available for your use subject to the following terms and conditions. Visitors to our Websites are sometimes referred to in these Terms as “you” or “your” and you and us together are sometimes referred to as the “parties”.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITES. YOUR ACCESS AND/OR USE OF A WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A WEBSITE.  Naturally On A High may, in its sole discretion, change the Terms at any time.   Naturally On A High will inform you of any material changes by posting notice on the Website. Your continued use of the Website after the change shall be considered your acknowledgement and acceptance of the changes, and the most-recent version of the Terms controls your use of the Website.  If you do not agree to any modification of the Terms, you should stop using the Website. If you are a registered user, you may cancel your account by contacting us atNAturallyonahigh@gmail.com and you will not be bound by the new terms.  Otherwise, the new terms will take effect thirty (30) days after our posting of the change. Our personnel do not have the right to modify these Terms verbally.

THESE TERMS CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST NATURALLY ON A HIGH MORE THAN ONE (1) YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS.  SEE SECTION 21 OF THESE TERMS, BELOW, FOR DETAILS ON THESE PROVISIONS.

1. Use of the Websites. The Websites are general purpose Websites and are not targeted towards children under the age of 13.  You must be 13 years or older to access or use the Website. If you are under 13, then you may not use or access the Website under any circumstances.  If you are 13 or older and younger than 18, then you may access and use the Website only if you have your parents’ or guardians’ prior permission. By accessing or using the Website, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so.  If you are a parent or guardian providing permission for a child age 13 or older to access or use the Website, then you agree to accept full responsibility for that child’s use of and access to the Website under these Terms.

2. License.  Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to access and use the Websites solely for your personal, non-commercial use. We may revoke your access and use of a Website at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Websites will be available to you for your access or use.

3. Additional Terms. We may post separate legal notices, rules or other terms on particular pages of a Website (the “Additional Terms”) that will govern your use thereof and supersede portions of these Terms, including any promotions or other similar features and the terms of any affiliate Website or event Website. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Website.

4. Privacy. Our Privacy Policy applies to your access and use of the Websites, including any personally identifiable information provided via the Websites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall control.

5. Restrictions on Use of the Website. You agree that you will access and use the Websites only in a lawful manner and only in accordance with these Terms.  You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.  You further agree that you will not:

   1. Create or maintain any link from another website to any page on a Website without Naturally On A High’s prior written permission;

   2. Run or display a Website (or any material on a Website) in frames or through similar means on another site, application or location, without Naturally On  A High’s prior written permission;

   3. Modify the information or materials located on a Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

   4. Collect any data or information regarding users and/or devices, including user names, personal information, preferences, email addresses or accounts for the purpose of sending unsolicited communications;

   5. Use any device, software, method or routine to interfere or attempt to interfere with or burden the proper function of a Website or bypass or circumvent any electronic protection measures on a Website;

   6. Transmit or upload to a Website any item containing any malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Website or adversely affect a user; or

   7. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of a Website;

   8. Submit or post to a Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity.

6. Account. You may be required to create an account to access or use certain areas of a Website or you may choose to create an account.  If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security.  We reserve the right to terminate your account or registration at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of 18, you may not have an account and you may use the Websites only with the permission and help of a parent or guardian. We may also terminate or modify your account in order to protect your account or Naturally On  A High’s systems if we believe that your account information may be compromised as a result of your personal device being infected with a virus or other malicious code, or due to other theft of your device or account information. This may include proactively changing your password. Should this need arise, we will make reasonable efforts to inform you of any modifications made, via the email address listed for your account. You or Naturally On A High may suspend or terminate your account or Naturally On A High may suspend or terminate your use/access of a Website at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination.

7. Product and Service Purchases; Return Policy.  

   1. You may be offered the opportunity to purchase products or services.  In addition to these Terms, any purchase may be subject to any terms and conditions displayed in connection with such purchase.

   2. All information that you provide in connection with a purchase or other transaction through the Website will be accurate, complete and current.  You authorize Naturally On A High (or an authorized third party service provider) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction you make on the Website and will pay all charges incurred in connection with any such transaction.

   3. Unless otherwise indicated, purchases made through a Website cannot be exchanged and are non-refundable.  With respect to purchases of Naturally On A High-branded products, you may return products for a full refund (based on the same form of payment used at the time of purchase) up to thirty (30) days after purchase if you have an original sales receipt or packing slip and the products are unused.  If you do not have a sales receipt, then you may return the unused products in exchange for a credit to purchase Naturally On A High products in the amount of the then-current selling price for the item returned.

8. Order Confirmation and Cancellation. We may confirm online orders via email, however, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order, in whole or in part, or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.  For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. For products purchased from our Websites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped.

9. Shipping Charges and Limitations. When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Website. Risk of loss and title for products purchased from a Website pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.

10. Intellectual Property. All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Website (excluding User Content (as defined below)) and the look and feel of the Website (collectively, “Naturally On  A High IP”), are either the property of, or used with permission by, Naturally On A High or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the Naturally On A High IP on the Websites is the exclusive property of Naturally On A High and is protected by applicable copyright laws. We expressly reserve all intellectual property rights in all Naturally On  A High IP. Nothing contained on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Naturally On A High IP without the express written permission of Naturally On A High or such third party owner. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Naturally On A High IP without the prior written permission of Naturally On A High.

11. Website Content.  All features, content, availability, specifications, products and prices of products and services described on the Websites may change at any time without notice.  Sizing/weight charts and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Websites is complete, accurate and up-to-date. Despite our efforts, the information on the Websites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Websites. For example, products or services included on a Website may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Website. In the event of a pricing error or discrepancy on a Website with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.