Terms and Conditions

This website located at www.naturespin.com (“Site”) is operated by Nature Spin, LLC. (“Nature Spin,” “we,” “our,” “us”).  By accessing or visiting the Site and/or purchasing something from us, you (“customer,” “you,” “your”) agree to be bound by the following terms and conditions (“Terms and Conditions”, “Agreement,” or “Terms”), including any additional terms, conditions, and policies referenced or incorporated herein.  These Terms and Conditions constitute a legally binding Agreement between you and Nature Spin.

By visiting or using the Site, or purchasing any product available through the Site (“Product”), you engage in our “Service” and agree to be bound by this Agreement.  Please read these Terms and Conditions carefully before accessing or using our Site.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.  If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

IMPORTANT NOTICE: YOUR USE OF THIS SITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 15 OF THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT.

SECTION 1 - ONLINE STORE TERMS

You are permitted to use the Site and purchase the Products only for your personal, non-commercial use.  By using the Site or purchasing a Product, you represent and warrant that you are at least the age of majority in your state or province of residence, and you agree that you shall not: (a) use any Products or Services available on or through the Site for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction or the rights of us or any third party; (c) use the Site in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the Site; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the Site; or (f) transmit any worms or viruses or any code of a destructive nature.  You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or Site or any contact on the site through which the Service or Site is provided, without express written permission by us.  A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Site.

SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Site, the Service (or any part or content thereof), and our Products (including prices) without notice at any time.  We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, the Site, or any Products.

SECTION 3 - OWNERSHIP OF INTELLECTUAL PROPERTY

Nature Spin or its licensors exclusively own all right, title, and interest in and to this Site and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “Nature Spin Intellectual Property”). Except as expressly provided in this Agreement, you have no right, license, or authorization to any of the Nature Spin Intellectual Property.  You shall not assert any claims to the contrary or do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein.  In the event you are ever deemed to be the owner of any of the Nature Spin Intellectual Property, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Nature Spin’s right, title, and interest in the Nature Spin Intellectual Property.  Nature Spin is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the Nature Spin Intellectual Property. Any unauthorized use of the NATURE SPIN INTELLECTUAL PROPERTY may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes, and is expressly prohibited.  Trademarks owned by third parties are the property of those respective third parties.

SECTION 4 – ACCOUNTS

To use certain features of the Site, you might be required to register for an account with Nature Spin (“Account”) and provide certain information about yourself as prompted by the registration form.  You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the Terms of this Agreement.

You are responsible for maintaining the confidentiality of your Account login information.  You are fully responsible for all activities that are associated with your Account (including, but not limited to, any purchases of Products, use of the Site, or correspondence from your account to Nature Spin).  You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. 

SECTION 5 – PURCHASES 

When you order Products through the Site, you may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address.  By purchasing a Product, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete.  By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase.  You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased.  If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for non-personal uses, including suspected purchases by dealers, resellers, or distributors.  

When you make a purchase, you are solely responsible for providing us with accurate shipping information and a valid phone number or email address.  If any product is returned to us as a result of your failure to provide us with accurate shipping information, we are under no obligation to resend the Product to you, and you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the Product to you.

For information regarding refunds, please review our Refund Policy available here.

SECTION 6 – REFUNDS AND RETURNS

Our refund policy and satisfaction guarantee are very simple at Nature Spin. If you are unsatisfied for any reason, please reach out and let us know.  We will either send you a replacement product or refund your order, depending on the circumstances.

To initiate a refund and return, simply email us at support@naturespin.com or click here to send a message through our website.  Your refund will be credited back to the card you used to make your purchase. 

SECTION 7 - NATURE SPIN SUBSCRIPTION

Certain Nature Spin Products may be offered on a subscription basis.  If you purchase a Nature Spin subscription, you will continue to be billed on a recurring basis, and your selected Products will automatically ship at the price and frequency you choose at the time of your purchase unless and until you change or cancel your subscription through your Account. Your account will be charged for your initial purchase, and all recurring fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your Account.  You can cancel or modify your subscription through your Account.  You must cancel or modify your subscription at least 2 days in advance of your next shipping date for your cancellation or modification to become effective. 

We reserve the right to adjust our subscription offer, including prices, in our sole discretion, at any time; provided, however, that we will provide you with advance notice of any price changes. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription in accordance with these Terms.  We may, in our sole discretion, terminate your subscription at any time without notice.  If we do so, you will no longer be charged for future recurring subscription fees.  We may also, in our sole discretion, cancel any subscription program at any time without notice to you.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.  Third-party links on this Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER CONTENT, COMMENTS 

This Site may allow you to upload, download, store, or transmit user-generated data or information, including personal information such as your name or contact details (“User Content”). If you send certain specific submissions (such as contest entries), or, without a request from us, you send to us or post to third-party websites or social platforms any creative ideas, suggestions, proposals, plans, product reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you hereby grant to us a nonexclusive license for use of such Comments and agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium now known or unknown any Comments that you forward to us.  We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments, (4) to use any Comments, or (5) to notify you of the use of any such Comments.

You agree that your User Content and Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content and Comments shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content or Comments.  You are solely responsible for any User Content or Comments you make and their accuracy. We take no responsibility and assume no liability for any User Content or Comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove User Content or Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated herein by reference.  To view our Privacy Policy, please click here.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

You are permitted to use the Site and the Products solely for your personal, non-commercial use.  In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.  You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL NATURE SPIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 15 - DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, your use and/or purchase of any Products or services sold or distributed through the Site (including any subscription arrangement), communications between you and Nature Spin (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with Nature Spin, or this Agreement (including the enforceability of this arbitration provision) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify.  Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise.  The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  You and Nature Spin will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules.  The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.  

This arbitration provision shall survive the termination of this Agreement.  Nothing in this section is intended to limit the relief available to either you as an individual or Nature Spin in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Delaware: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. 

YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.  If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Delaware. 

You and Nature Spin agree that all arbitrations between you and Nature Spin under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA.  In all other respects, the laws of the State of Delaware shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of Delaware consistent with the FAA.

You may opt out of this arbitration provision and class action waiver by successfully completing and submitting this form. You must complete this form by providing your name and email address. This is the only way of opting out. You shall have thirty (30) days from the earliest of the date that you visit the Site, make a purchase, or submit information through the Site to opt out of this arbitration provision and class action waiver. If you do not opt out by thirty (30) days from the earliest of the date that you visit the Site, make a purchase, or submit information through the Site, then you are not eligible to opt out. Any opt-out of this provision does not affect the validity of any other arbitration agreement or class action waiver between you and Nature Spin. If you opt out of the arbitration provision and class action waiver, all other parts of the Terms will continue to apply.

SECTION 16 – MISCELLANEOUS

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions.  Such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms and Conditions are effective when you first access or use the Site and shall remain in full force unless and until terminated by either you or us.  You may terminate these Terms and Conditions at any time by notifying us in writing.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service and purchase of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).  The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions.  You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions, and we shall provide notice to you of such changes either through this Site, through email, or as is otherwise provided.  Your continued use of this Site shall constitute your acceptance of any modified terms.  It is your responsibility to check our Site periodically for changes. 

SECTION 17 - NOTICE TO CALIFORNIA RESIDENTS

With respect to any electronic commercial service offered on or through the Site, California residents are entitled to the following specific consumer rights information.  The provider of the Site is: Nature Spin LLC, 261 NE 61st St Miami, FL 33137.

To file a complaint regarding the Site, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact Nature Spin via e-mail at support@naturespin.com (with “California Resident Request” as the Subject Line).  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

SECTION 18- CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at support@naturespin.com.