PRIVACY POLICY
This Privacy Policy governs the manner in which Defenitely Naturals LLC
collects, uses, maintains and discloses information collected from users
(each, a "User") of the WWW.Defenitely Naturals.com website ("Site"). This
privacy policy applies to the Site and all products and services offered by
Defenitely Naturals LLC.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants,
distributors and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted
during transfer over networks using the best SSL service to guard for your
security and privacy.
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 any
contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for convenience and will
not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or timelier sources of information. Any sole reliance on the
material on this site is at your own risk.
This site may contain certain scientific, medical and general information.
Scientific, medical and general information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify the price 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 Products.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our
products to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice,
at the sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or service made on this site
is void where prohibited.
We do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event that we make a
change to 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 by dealers, resellers or distributors.
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.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor has 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
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
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.
Opt-out rights
You may remove your information from our database. If you remove your
information from our database it will no longer be used by us for secondary
purposes, disclosed to third parties, or used by us or third parties to send
promotional correspondence to you. You may remove your information by
sending your request in writing via email to privacy@DefenitelyNaturals.com.
We reserve the right to disclose personal information, including Sensitive
Information, when we believe that such disclosure is appropriate to comply
with the law or a request by a government official, to protect the rights or
property of Defenitely Naturals LLC, or to enforce our Terms and Conditions
of Use. In the event that Defenitely Naturals LLC or substantially all of
its assets are acquired by a third party, member information and Sensitive
Information may be some of the transferred assets.
Agents
We employ other companies and individuals to fulfill functions on our
behalf. Examples include fulfilling orders, delivering packages, sending
postal mail and e-mail, removing repetitive information from member lists,
analyzing data, providing marketing assistance, processing credit card
payments, and providing member services. They have access to personal and
Sensitive Information needed to perform their functions, but may not use it
for other purposes.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email,
by postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium 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; or (3) to respond to
any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your 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 comments 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 e-mail
address, pretend to be someone other than yourself, or otherwise mislead us
or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
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, structure, 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.
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.
In no case shall Defenitely Naturals LLC, 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.
Defenitely Naturals LLC Urges you to seek the advice of a physician or other
competent medical practitioner before using the products offered on or
through this website, since you may be taking a medication or other dietary
supplements, or may have a medical condition that makes this product
inappropriate for your use. Defenitely Naturals LLC disclaims all liability
for any injury or illness that you sustain as the result of not soliciting
such advice, as a result of having received incomplete or inaccurate advice,
or as a result of having any adverse physical reaction whether or not you
first consulted with a medical practitioner.
Defenitely Naturals LLC Shall not be liable for any damage to, or any
viruses that may infect, your computer, telecommunication equipment, or
other property caused by or arising from your access to, use of, or browsing
this website, or your download of any information or materials from this
website.
We disclaim all liability for product defect or failure, claims that are due
to normal wear, product misuse, abuse, product modification, improper
product selection, non-compliance with any codes, or misappropriation.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Defenitely Naturals LLC and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service 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 of
Service, such determination shall not affect the validity and enforceability
of any other remaining provisions.
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 of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by notifying
us that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, 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;
and/or accordingly may deny you access to our Services (or any part
thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
the state of NJ.
Personal identification information
We may collect personal identification information from Users in a variety
of ways, including, but not limited to, when Users visit our site, register
on the site, place an order, subscribe to the newsletter, and in connection
with other activities, services, features or resources we make available on
our Site. Users may be asked for, as appropriate, name, email address,
mailing address. Users may, however, visit our Site anonymously. We will
collect personal identification information from Users only if they
voluntarily submit such information to us. Users can always refuse to supply
personally identification information, except that it may prevent them from
engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever
they interact with our Site. Non-personal identification information may
include the browser name, the type of computer and technical information
about Users means of connection to our Site, such as the operating system
and the Internet service provider’s utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser
places cookies on their hard drive for record-keeping purposes and sometimes
to track information about them. User may choose to set their web browser to
refuse cookies, or to alert you when cookies are being sent. If they do so,
note that some parts of the Site may not function properly.
How we use collected information
Defenitely Naturals LLC may collect and use Users personal information for
the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests
and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a
group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about them when placing an order
only to provide service to that order. We do not share this information with
outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will
be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining
to their order. It may also be used to respond to their inquiries,
questions, and/or other requests. If User decides to opt-in to our mailing
list, they will receive emails that may include company news, updates,
related product or service information, etc. If at any time the User would
like to unsubscribe from receiving future emails, we include detailed
unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and
security measures to protect against unauthorized access, alteration,
disclosure or destruction of your personal information, username, password,
transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens
over a SSL secured communication channel and is encrypted and protected with
digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to
others. We may share generic aggregated demographic information not linked
to any personal identification information regarding visitors and users with
our business partners, trusted affiliates and advertisers for the purposes
outlined above.
Google Adsense
Some of the ads may be served by Google. Google's use of the DART cookie
enables it to serve ads to Users based on their visit to our Site and other
sites on the Internet. DART uses "non personally identifiable information"
and does NOT track personal information about you, such as your name, email
address, physical address, etc. You may opt out of the use of the DART
cookie by visiting the Google ad and content network privacy policy at
http://www.google.com/privacy_ads.html
Compliance with children's online privacy protection act
Protecting the privacy of the very young is especially important. For that
reason, we never collect or maintain information at our Site from those we
actually know are under 13, and no part of our website is structured to
attract anyone under 13.
Changes to this privacy policy
Defenitely Naturals LLC has the discretion to update this privacy policy at
any time. When we do, we will revise the updated date at the bottom of this
page. We encourage Users to frequently check this page for any changes to
stay informed about how we are helping to protect the personal information
we collect. You acknowledge and agree that it is your responsibility to
review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do
not agree to this policy, please do not use our Site. Your continued use of
the Site following the posting of changes to this policy will be deemed your
acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this
site, or your dealings with this site, please contact us at:
privacy@Defenitelynaturals.com
Or,
Defenitely Naturals LLC
WWW.DefenitelyNaturals.com
PEREGRINE DRIVE # 31
MARLBORO, NEW JERSEY 07751
This document was last updated on August 14, 2014
**Individual results may vary. Results are based on adherence to the program and exercise.