TERMS OF USE
THESE TERMS OF USE WERE UPDATED RECENTLY; PLEASE REVIEW.
Last Updated: April 26, 2017
1. Introduction
These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Naju Naturals, LLC. ("Naju Naturals"), including www.Naju Naturals.com . We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/Naju Naturals ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but Naju Naturals does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Naju Naturals does not own or control, or to the actions of people that Naju Naturals does not employ or manage. You should always check the terms of use posted on Third Party Sites.
By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. Naju Naturals reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Naju Naturals decides to change these Terms of Use, Naju Naturals will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
2. Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 1999-2016 Naju Naturals, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Naju Naturals and protected by U.S. and international copyright laws. All software used on the Sites is the property of Naju Naturals or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Naju Naturals, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Naju Naturals is strictly prohibited.
3. Trademarks
Naju Naturals.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Naju Naturals and may not be used in connection with any product or service that is not offered by Naju Naturals in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Naju Naturals. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
4. Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of Naju Naturals.com for more information. Naju Naturals products displayed on the Sites may be available in select Naju Naturals retail stores in the U.S. and certain foreign markets. All prices displayed on Naju Naturals.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Naju Naturals.
All material and information presented by Naju Naturals is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Naju Naturals are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Naju Naturals it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Naju Naturals does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Naju Naturals does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Sites and the Interactive Services, including any samples Naju Naturals may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Naju Naturals. Naju Naturals reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Naju Naturals in its sole discretion.
Except where prohibited by law, Naju Naturals may limit the number of products available for purchase. Specifically, clients may be limited to the purchase of 1 Dyson branded item and 3 Chanel branded items per sku per transaction.
5. Color Information
While Naju Naturals has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
6. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
7. Your Use of Content on the Sites and Limitation of Liability
Naju Naturals provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Naju Naturals is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Naju Naturals. Naju Naturals cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Naju Naturals shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Naju Naturals be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services. The preceding sentence does not apply to New Jersey residents.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Naju Naturals reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
8. Your Content Submissions
By submitting Content to Naju Naturals, you represent and warrant that:
♦ You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Naju Naturals to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
♦ All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
♦ All Content that you post is accurate;
♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use;
♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party;
♦ does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Naju Naturals does not endorse any Content or any opinion, recommendation or advice expressed therein, and Naju Naturals disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to Naju Naturals through the Interactive Services, (a) such Content is not confidential or proprietary and Naju Naturals has no obligation of confidentiality, express or
implied, with respect thereto; (b) Naju Naturals may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Naju Naturals under any circumstances unless you are otherwise notified by Naju Naturals in writing.
For any Content that you submit, you grant Naju Naturals a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
9. Guidelines for Interactive Services
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review, please consider the following guidelines:
♦ Focus on the product and your individual experience using it;
♦ Provide details about why you like or dislike a product; and
♦ All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Naju Naturals official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
Your review will be excluded or withdrawn if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.
10. Third Party Content and Third Party Sites
Naju Naturals may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Naju Naturals does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Naju Naturals and such third party. Naju Naturals does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Naju Naturals is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Naju Naturals through the Interactive Services, do not necessarily reflect the views of Naju Naturals.
11. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
12. Modification of Content
All Content that you submit is not confidential and may be used at Naju Naturals's sole discretion. Naju Naturals may or may not pre-screen Content. However, Naju Naturals and its designees will have the right (but not the obligation) in
their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Naju Naturals and its designees will have the right to remove any Content that Naju Naturals deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Naju Naturals does not guarantee that you will have any recourse through Naju Naturals to edit or delete any Content you have submitted. Naju Naturals reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Naju Naturals reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Naju Naturals, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Naju Naturals, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
13. Reservation of Rights
Naju Naturals reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. Naju Naturals may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Naju Naturals (and its employees), its users and the public.
14. Disclaimer of Warranties
Naju Naturals IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Naju Naturals DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Naju Naturals DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
15. Disclaimer of Liabilities
Naju Naturals WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
16. Indemnification
You agree to defend, indemnify and hold harmless Naju Naturals (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set
forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Interactive Services.
17. DMCA
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Naju Natural’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
18. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
19. Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Naju Naturals's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
20. English Language
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
21. Dispute Resolution
If a dispute should arise between you and Naju Naturals, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to NajuNaturalsbeautysupply@gmail.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND NAJU NATURALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
22. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Naju Naturals agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Naju Naturals’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Naju Naturals may bring a lawsuit solely for injunction relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Naju Naturals must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Naju Naturals will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Naju Naturals will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the
same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Naju Naturals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Naju Naturals.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Naju Naturals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NAJU NATURALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Naju Naturals at arbitrationoptout@Naju Naturals.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
23. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
24. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Naju Naturals, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
This policy describes how Naju Natural Beauty Supply collects, uses, and shares the information we obtain from you online.
> What Our Privacy Policy Covers
> What We Collect
> How We Use Your Personal Information
> How We Share Your Personal Information
> How We Protect Your Information
> Your Choices
> Communicating With Us
> Changes To This Policy
What Our Privacy Policy Covers
This privacy policy discusses the “personal information” that Naju Natural obtains from you on najunaturalbeautysupply.com. When we use the term “personal information” we are referring to information that is connected to your name. This may include things like your e-mail address, mailing address, birthday, telephone number, photographs, personal images, or beauty profile information you provide such as hair color and eye color, or information about the products you purchase, when those pieces of data are stored with your name. Any information that is not connected to your name is not considered personal information.
This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter, or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this policy. Information that Naju Natural obtains from you is governed by the Naju Natural Privacy Policy, located here.
What We Collect
The following are examples of the personal information that we collect:
Activity Examples of Personal Information Collected
Registering on our website Name and e-mail address
Purchasing on our website Name, credit card number, billing address, shipping address, and phone number
Sweepstakes and contests Name, e-mail address, and age
Submitting product reviews or using interactive services Name, e-mail address, birth day and month, nickname, photographs, personal images, and beauty profile information you provide such as hair colour and eye colour
Product Availability Notifications Name and e-mail address
In addition to the above, we may use the following technologies to automatically collect information about your activities on our websites.
Cookies1
Flash Cookies2
Web beacons, clear pixels, or pixel tags.3
Web server logs.4
Geo-location technologies.5
Note that we do not intentionally collect any personal information from children under the age of 13. If you are under the age of 13, you can look at our websites, but you should not make a purchase, register, or submit personal information to us.
How We Use Your Personal Information
Naju Natural primarily uses the personal information that it collects to provide you with products, information, and services. We may also use your information to track your purchase history and to contact you for account and promotional purposes. We may also use your personal information for other legitimate business purposes, including to detect and prevent fraud, to collect amounts owing to us and to maintain business records.
How We Share Your Personal Information
Naju Natural may share your personal information in the following circumstances:
• Corporate affiliates. Naju Natural may share certain personal information with its affiliates, as described below.
• Service providers. We may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service. Should you wish to opt out of this sharing, you simply need to opt out of e-mail communications from us.
• Social Networks, Widgets, and Plug-ins. If you use any features made available to you on our website by a third party it may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature Facebook may register the fact that you “liked” a product and may post that information on Facebook.
• The public. Naju Natural may share the personal information that you submit through one of our interactive services, like Ratings & Reviews, with the general public or our affiliates.
• Other instances. Naju Natural may share your personal information in order to protect the legal rights of our company, our employees, our agents, and our affiliates, to protect the safety and security of our visitors, to detect and protect against fraud, or to comply with law or legal process.
• Business transition. Naju Natural may share your personal information with another company that buys some, or all, of the assets or stock of Naju Natural, and that company may use and disclose personal information for purposes similar to what is described in this policy. Naju Natural may also share personal information with prospective purchasers to evaluate the proposed transaction.
Naju Natural may share de-identified information (i.e., information that is not directly connected to your name) in the following circumstances in addition to those identified above:
• Aggregate information. We may share de-identified aggregate information about our customers with advertisers and marketing partners.
• Behavioral-based advertising. A third party may use technology (e.g., a cookie) to collect information about your use of our website and other websites so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our website, or on other websites.
How We Protect Your Information
We realize that our customers trust us to protect their personal information. We take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your personal information. While we attempt to protect the information in our possession, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances.
Your Choices
You have the following choices with how your information is used:
Receiving newsletters and promotional e-mails
You can click on the “unsubscribe” link at the bottom of any promotional e-mail that you receive.
Behavioral Based Advertising You can opt-out of some, but not all, online behavioral based advertising by clicking here or by using your browser settings to block cookies or notify you when a cookie is set.
Communicating With Us
If you have any questions about our privacy or security practices, or of you would like to request access to or correction of your personal information, you can contact Naju Naturals Customer Service by email.
Changes To This Policy
We may revise this policy from time to time. You should review our privacy policy periodically so that you keep up-todate on our most current practices. We will note the effective date of the latest version at the end of each policy.
Effective as of April 26, 2017.
Returns Policy
If you are not completely satisfied with a Naju Naturals purchase or gift for any reason, please review our return, refund, and exchange policies below for najunaturalsbeautysupply.com purchases. Products must be returned in new or gently used condition.