WEBSITE Terms of Use

Welcome to www.naturesgardencandles.com (the “Website”).  Your use of this Website is subject to these Website Terms of Use, our separate Privacy Policy and our separate Sale Terms and Conditions (collectively the “Policies”).  You should carefully read these Website Terms of Use and the other Policies before using this Website.  By using the Website, you agree to be bound by and accept these Website Terms of Use and the other Policies and agree and acknowledge the terms and conditions stated herein and therein.  If you do not agree to these Website Terms of Use and the other Policies, do not use this Website.  This Website is the sole property of ColorFast, Inc, an Ohio corporation, doing business as Nature’s Garden (the “Company,” “Nature’s Garden,” “we,” “our,” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Website Terms of Use and the other Policies.  You agree not to use this Website in any manner which could damage, disable, overburden, or impair this Website or which would interfere with any other party’s use of this Website.  You hereby assume all risks associated with the use of this Website and should not rely upon any content or materials on this Website (the “Content”) for any reason whatsoever.

TRADEMARKS

This Website contains materials, such as names, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company or its licensors.  Nothing in this Website should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark, service mark or trade dress used in this Website, in any manner whatsoever.  Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another website as a part of a link to this Website, without the express written permission of the Company, is strictly prohibited.

COPYRIGHT

The Content provided on this Website is subject to the ownership rights of the Company and/or its licensors.  Any use of the Content on this Website without the consent of the Company is strictly prohibited. Except as otherwise provided in these Website Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, Content, photographs, materials, products or services from this Website. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law. 

Social Media

This Website may contain links to third-party blogs, websites, wikis, file sharing, user generated audio or video, virtual worlds, social networks, or any other form of online publishing or discussion (collectively “Social Media”), such as Facebook®, LinkedIn®, Twitter®, YouTube® and/or Instagram®. The Company makes its Social Media pages available on any such sites for informational purposes only.  Your use of the Company’s pages on Social Media sites is subject to the guidelines and disclaimers posted by the Company on such sites, if any, and the Policies.

Communication Forums

This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Forums”).  You agree to use the Communication Forums only to post, send and receive messages and material that are proper and related to the particular Communication Forum. By way of example, and not as a limitation, you agree that when using a Communication Forum and the Website, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents, (d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage this Website or the operation of another's computer, (e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Forum specifically allows such messages, (f) conduct or forward surveys, contests, pyramid schemes or chain letters, (g) download any file posted by another user of a Communication Forum that you know, or reasonably should know, cannot be legally distributed in such manner, (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (i) restrict or inhibit any other user from using and enjoying the Communication Forums, (j) violate any code of conduct or other guidelines which may be applicable for any particular Communication Forum, (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent, or (l) violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Forums. However, the Company reserves the right to: (1) review materials posted to a Communication Forum and to edit, refuse to post or remove any information or materials, in whole or in part, in its sole discretion, (2) terminate your access to any or all of the Communication Forums at any time without notice for any reason whatsoever, and (3) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Forum. The Company does not control or endorse the content, messages or information found in any Communication Forum; and, therefore, the Company specifically disclaims any liability with regard to the Communication Forums and any actions resulting from your participation in any Communication Forum.  Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Forum may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any materials.

Submissions

Any remarks, suggestions, ideas or other non-personal information or materials communicated to the Company through this Website will be considered non-confidential.  By providing such information or materials to the Company, you hereby grant the Company a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials.  Any information or materials provided without this authorization may not be submitted to the Company.  By providing such information or materials to the Company, you warrant and represent that you own or otherwise control all of the rights to such information or materials, including, without limitation, all rights necessary to submit such information or materials to the Company.  Children under the age of 18 are not permitted to submit any information to this Website, including, but not limited to, any personally identifiable information.

No information or materials submitted to this Website may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; or (f) any advertisements or solicitations for business.

Links

This Website may contain links to other websites not owned, controlled or maintained by the Company.  These links are provided solely for your convenience and to allow you to access other websites containing legal and other information.  The Company does not have control over and is in no manner responsible for any content or materials on the linked websites or the availability of these linked websites.  The inclusion of any link to another website does not imply any endorsement, association or affiliation by the Company of the linked website or any products, services or other materials provided on the linked website.  The Company prohibits any other website from providing a link to this Website, including, but not limited to, the use of the Company’s trademarks and service marks to indicate any such link, without the express written consent of the Company.

Employment

The Company may make employment information or opportunities available on this Website.  The Company is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, disability, sexual orientation or any other classification protected by applicable law.  The inclusion of any employment information or opportunity on this Website does not create any employment relationship, express or implied, between you and the Company.

Recipes; Ingredients; Finished Goods

From time-to-time, the Company may publish on the Website or otherwise make available to customers (through third party links or otherwise) recipes or instructions for the creation of candles, soaps or other products (each a “Recipe” and collectively the “Recipes”).   Additionally, from time-to-time you may choose to purchase through the Website or otherwise from the Company PRODUCTS AND raw ingredients (“Ingredients”) for your creation of candles, soaps or other products (“Finished Goods”). 

The Company is not responsible for the outcome of any recipe or instructions you try, whether utilizing a Recipe from the Website, a third-party link or otherwise, and whether utilizing Ingredients purchased from the Website or elsewhere.  Furthermore, Nature’s Garden shall not be responsible for any Finished Goods you create utilizing Ingredients purchased from us.  Additionally, the Company shall not be responsible for your failure to comply with: (1) applicable law, including, without limitation, fda regulations, and/or (2) ifra guidelines. 

By: (a) voluntarily using any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (b) by purchasing Ingredients for the use in making any recipe or following any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (c) by purchasing Ingredients from the Company for use in creating or manufacturing any Finished Goods by you, you hereby: (1) voluntarily and irrevocably assume the risk of any potential injury that may result, including, without limitation, personal injury, including death, and/or property damage, and (2) waive and release the Company, and its members, managers, shareholders, directors, employees, agents, representatives, successors and assigns from any and all liabilities, damages, injuries, claims, causes of action, costs or expenses which may in any way arise as a result of or related to: (i) your use of any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (ii) your purchase of Ingredients for the use in making any recipe or the following of any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (iii) your use of Ingredients in creating or manufacturing any Finished Goods.

Disclaimer

THIS WEBSITE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS OR CONTENT.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEBSITE.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.

Indemnification

By using this Website, you agree to defend, indemnify, and hold harmless the Company, its members, managers, shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any and all claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, , arising from, in connection with, or in any way relating to your use or misuse of this Website or breach of the Policies.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Representations and Warranties. 

By using the Website, you hereby represent and warrant to the Company that: (a) the Policies are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (b) you have full authority to enter the Policies and your entering the Policies does not require the approval or consent of any third party; and (c) your use of the Website will be in accordance with the Policies.

MODIFICATIONS AND REVISIONS

The Company may, in its sole discretion, modify or revise the Policies at any time, without notice to you.  Any changes or revisions to the Policies will be posted on the Website.  Accordingly, you should visit this Website periodically to review the Polices.

Procedure for Making Infringement Claims

The Company respects the intellectual property rights of others and demands that those who visit or use the Website do the same.  If you believe your intellectual property rights have been violated in any way by the Company or the Website, pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the Company a written (not email) notice to its designated agent containing the following information:

1. The signature of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed;
2. A description of the intellectual property you claim has been infringed upon;
3. A description on the content you claim is infringing and where it appears on the Website;
4. Your contact information, i.e. you name, address, telephone number, and email address;
5. A statement that the owner has a good faith belief that use of the allegedly infringing content is not authorized by the owner of the intellectual property, its agent, or the law; and
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

The Company’s designated Agent for DMCA notification of infringement is as follows:

ColorFast, Inc.

42109 State Route 18

Wellington, OH 44090

Phone: (440) 647-0100

Attn: Deborah Ward

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Website Accessibility Statement

Accessibility Assistance. Alternate Method.

If you encounter difficulty using or accessing any element of the Website provided by Nature’s Garden, please call us at 1-440-647-0100 or email us at info@naturesgardencandles.com and we will work with you to provide the information or product you seek through an alternate communication method that is accessible for you consistent with applicable law (through telephone support). Customer service representatives are also readily available in our store, located at 42109 State Route 18 Wellington, OH  44090.

Goal of Accessibility for All

Nature’s Garden desires to provide you a positive experience visiting our Website, and we aim to promote accessibility and inclusion. Whether you are using assistive technologies such as voice recognition software or captions for videos, a screen reader, or a magnifier, our goal is to make your use of our Website as successful and enjoyable as possible.

Actions

We are actively devoting resources and taking a wide range of actions to enhance the accessibility of our Website. The following examples are listed below:

1. Working with our Website platform company to review our Website for accessibility in relation to Web Content Accessibility Guidelines (WCAG).
2. Approaching an outside accessibility web firm with experience and skills pertaining to accessibility
3. Creating a statement that promotes accessibility
4. Allowing for keyboard navigation
5. Including captions for video content
6. Offering alternate methods of doing business and communication with Nature’s Garden, such as through our brick and mortar store and through telephone communications
7. Reviewing our website periodically to test accessibility
8. Requesting feedback and suggestions from our customers on how we can improve our accessibility
9. Providing employee training regarding any accessibility issues
10. Working with our third party technology suppliers to promote the accessibility of all third party components of our technology environment

Ongoing Effort

Although we are proud of the efforts that we have completed and that are in progress, we at Nature’s Garden view accessibility as an ongoing effort.

Feedback

Please contact us at 1-440-647-0100 or info@naturesgardencandles.com if you have any feedback or suggestions as to how we could improve the accessibility of our Website.

General Provisions

The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of this Website and the Policies shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions.  The sole jurisdiction for any arbitration or legal proceedings arising out of your use of this Website or any provision in the Policies shall be the state and federal courts covering Lorain County, Ohio.  Any waiver by the Company of a breach of any provision of the Polices shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of the Policies.  If any one or more of the provisions contained in the Policies shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, the Policies and any provision therein shall not be rendered null and void and shall not be affected or impaired.  The Policies contain the entire agreement between you and the Company with respect to the use of this Website and hereby supersedes all previous agreements with respect to the use of this Website.  Your use of this Website shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company. Use of this Website is not authorized in any locality, state or country that does not give full effect to all provisions of the Policies.

Contact Us

If you have any questions or comments regarding the use of this Website, or the Policies, you may contact the Company by mail at 42109 State Route 18 Wellington, OH 44090, by phone at (440) 647-0100.  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments. Please note that the Company cannot give legal advice and no discussions or correspondences with the Company should be construed as such.

 

 

Attorney Fees 

In the event of a dispute between you and the Company regarding any claim arising out of your use of the Website or the Policies, the Company, if it prevails, shall be awarded all costs of bringing or defending a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute, including, without limitation, all arbitration related fees and expenses.

Arbitration/Class Action Waiver

ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR LORAIN COUNTY, OHIO PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF.  UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.

ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION.  ANY ARBITRATION HEARING SHALL BE HELD IN LORAIN COUNTY, OHIO, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.