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Terms & Conditions

End-User License Agreement and Terms of Service

Last updated: June 2020

This End User License Agreement and Terms of Service (collectively, these "Terms") constitutes a legal agreement between Nayko Naturals (also doing business as "NN", “Nayko”, "we", "our" or "us")  and you that governs your access to, and use of our web site at naykonaturals.com ("Site"); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this End User License Agreement and Terms of Service is provided  (collectively known as “our Service”). These Terms are a legally binding contract between you and Nayko Naturals regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE NAYKO NATURALS PRIVACY POLICY. If you are not eligible, or do not agree to these Terms, then please do not use the Service.

You acknowledge and agree that, as provided in greater detail in these Terms:

  • your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the "Carrier"), which are your sole responsibility;

  • the Service is provided "as is" without warranties of any kind and Nayko Naturals liability to you is limited;

  • disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND NAYKO NATURALS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 below for the details regarding your agreement to arbitrate any disputes with Nayko Naturals; and

  • access to certain features of the service may require access to information from your mobile device as described in the Nayko Naturals Privacy Policy.

  • From time to time, the Site may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Nayko Naturals reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).

  • You may not distribute, exchange, modify, sell, or transmit anything you copy from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, Nayko Naturals grants you a world-wide, non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Sites in any way. Notwithstanding anything to the contrary, Nayko Naturals reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.

  • Nayko Naturals may from time to time provide links to other websites (collectively, “Third Party Websites”) as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on our Site.  If you use any of these links, you will leave the Site and instead be at the Third Party Website. Nayko Naturals does not review, monitor, approve or control content located at Third Party Websites. The inclusion of any links to Third Party Websites does not imply Nayko Natural’s association, relationship, endorsement or sponsorship of any such Third Party Website, and Nayko Naturals does not warrant the accuracy or completeness of content on any Third Party Website. You use Third Party Websites at your own risk.   Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links.

  • The Site is not intended or designed for children under the age of 13.  Children under 13 may look at the Site, but are not permitted to make a purchase, become a registered user, or sign-up for emails.  If we discover that someone under the age of 13 is a registered user or has otherwise provided us with their personal information, we will remove their personally identifiable registration information from our files.  If you are under 13 and would like to make a purchase, please ask a parent or guardian to place the order for you.

  • The products and services available on the Site, including any samples Nayko Naturals may provide to you, are for personal use only. You may not sell or resell any of products or services you purchase or otherwise receive from Nayko Naturals.  Nayko Naturals reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Nayko Naturals, in its sole discretion, believes may result in the violation of these terms and conditions.

  • All of the products purchased from the Site should be used in accordance with the product’s instructions, precautions and guidelines.  The statements made about products on the Site are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

  • Nayko Naturals is providing the sites and their contents 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, the information, content, materials or products, included on the sites. To the fullest extent permitted by law, Nayko Naturals disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose.  In addition, Nayko Naturals does not represent or warrant that the information accessible via the sites is accurate, complete or current.

  • The Sites are created and controlled by Nayko Naturals in the State of Pennsylvania, U.S.A. As such, the laws of the State of Pennsylvania will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Nayko Naturals reserves the right to make changes to its Site and these disclaimers, terms and conditions at any time.  You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree that you will not access or use the information on the Site in violation of such laws. The Site is not intended to be accessed in any country or jurisdiction in which these terms and conditions, or any other content at the Site, would violate any laws.

  • Nayko Naturals welcomes your comments and feedback regarding the Site, and Nayko Naturals products and services. Any information, materials, suggestions, ideas or comments sent to Nayko Naturals will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Nayko Naturals an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Nayko Naturals will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent

  • All material appearing at Nayko Natural’s Site is Copyright 2020, Nayko Naturals, unless otherwise noted. All rights reserved. Other’s use of this material is permitted only with Nayko Natural’s prior written consent.  Please contact Nayko Naturals here for further information.

Entire Agreement.These Terms, together with the Nayko Naturals Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Nayko Naturals regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.