Last Modified: October 22, 2020
INTHE UNLIKELY EVENT THAT ANY DISPUTE BETWEEN US IS NOT RESOLVED BY OUR DEDICATED SUPPORT SERVICES TEAM OR CONSULTATIONS BETWEEN US, THESE TERMS OF SERVICE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.PLEASE SEE SECTION 8 BELOW TO LEARN MORE.
IFYOU SUBSCRIBE TO RECURRING PRODUCT SHIPMENTS, THE ASSOCIATED CHARGES WILL RECUR ON YOUR PAYMENT CARD AUTOMATICALLY UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS OF SERVICE. PLEASE SEE SECTION 5(C) BELOW TO LEARN MORE.
These terms and conditions of service(“Terms of Service”) govern your use of Second Nature Brands, Inc.’s (“SecondNature” or “we”) family of websites, including www.secondnature.com and all subpages thereof (collectively, the “Site”), whether as a guest or as an account holder. Please read these Terms of Service carefully before you use the Site. Compliance with these rules is a condition to your use of the Site.By accessing and using the Site (or by clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to comply with these Terms of Service. If you do not accept these Terms ofService, you are not permitted to, and you must not access or use the Site or purchase any Products or Subscriptions (defined below) through the Site.
The Site is offered and available to users who are 18 years of age or older (or otherwise of legal age to enter into a binding agreement in your jurisdiction of residence) and who reside in theUnited States or Canada. If you are agreeing to be bound by these Terms ofService on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to these Terms of Service.By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements, and that all information provided by you to SecondNature is truthful, accurate and complete. If you do not meet all of these requirements, you must not access or use the Site.
Second Nature is based in the state of North Carolina in the United States. We provide the Site for use only by persons located in the United States and Canada. We make no claims that theSite or any of its content is accessible or appropriate outside of such countries. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
This Site and all of its Contents(defined below) are the property of Second Nature, its licensors or other providers of such materials, and are protected by United States and international copyright, patent, trade secret, trademark and other intellectual property or proprietary rights laws. When accessing and viewing the Site in the form that it is provided to you over the Internet, your computer or your web browser may temporarily store or automatically cache copies of the content of the Site, including without limitation the information, software, files, documents, text, photographs, images, audio and video, and the design, selection and arrangement thereof, as well as any materials accessed through or made available for use or download through this Site (“Content”). The Content may not otherwise be copied, distributed, modified, adapted, translated, reproduced, published, republished, publicly displayed, publicly performed or used, in whole or in part, except for purposes authorized by Second Nature in writing and in advance. You may not frame or utilize any other techniques to enclose, or link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Second Nature without our express written consent. These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
The Second Nature name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Second Nature or its affiliates or licensors. You must not use such marks without the prior written permission of Second Nature. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to: (A) use the Site in any way that violates any applicable federal, state, local or international law or regulation; (B) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (C) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (D) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (E) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to theSite; or (F) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm Second Nature or users of theSite or expose them to liability
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or anyContent is being transferred to you, and all rights not expressly granted are reserved by Second Nature. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If you provide to us or to our affiliates any suggestions, designs or ideas for the Site or any Products available on theSite or for enhancements or improvements to the Site or any Products available on the Site (collectively, “Suggestions”), we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect and maintain our rights in the Suggestions.
Although Second Nature attempts to ensure the integrity, completeness and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the integrity, completeness or accuracy of the Site and Content thereon, and any reliance you place on such information is strictly at your own risk. Second Nature disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Contents. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.In the event that an inaccuracy arises, please inform Second Nature so that the inaccuracy can be corrected.
Information contained on the Site may be changed or updated without notice. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided bySecond Nature, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Second Nature. Second Nature shall have no responsibility or liability for information or content posted to the Site from any non-SecondNature affiliated third party.
In the event a product or service is listed at an incorrect price due to typographical, import or other error or an error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account or other payment method charged. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your account in the amount of the incorrect price. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged).
We do not guarantee that all products described on our Site will be available. We may make changes to information about availability or other product attributes without notice.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
A user ID and password is required for access to some parts the Site. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. If you permit any other person to use your account, you will be responsible for their activities while using the Site. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are notable to view or record your password or other personal information.
Your access to the Site may be revoked bySecond Nature at any time with or without cause.
You agree to defend, indemnify and hold harmless Second Nature and its affiliates, and each of their respective licensors, service providers, employees, agents, officers and directors, from and against all third party claims, liabilities, damages, judgments, awards, losses, costs and expenses (including attorneys’ fees) against or incurred by the foregoing indemnities arising out of any use or access of the Site through your user ID or any breach of these Terms of Service.
Second Nature sells air filters, refrigerator water filter replacement cartridges (“Fridge Filters”) and other home or health products (the “Products”) from the Site to end-user customers who purchase theProducts directly or who purchase one or more subscriptions to receive regular shipments of the Products (“Subscriptions”) only for their own personal or internal business use. You may not purchase Products or Subscriptions for further distribution or resale. All Subscriptions and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions can be found on the Site when signing up for a Subscription: https://my.secondnature.com/order-filters. Second Nature reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Your Subscription may start with a free trial or other discount (an “Initial Promotion”). Initial Promotions only apply to your first Product shipment, or as otherwise specified during sign-up. Initial Promotions are for new subscribers or current subscribers when a new Subscription with a new Product is added to an account.Second Nature reserves the right, in its sole and absolute discretion, to determine your Initial Promotion eligibility and will notify offenders of any perceived fraudulent activity, which may result in, but is not limited to, suspension of your access to the Site, order and/or Subscription cancellation, and/or termination of these Terms of Service (in addition to, and not in lieu of, Second Nature’s other rights under these Terms of Service, at law or inequity).
Second Nature accepts payment by credit card or debit card (“payment cards”) only. You agree to pay all fees charged to your account based on Second Nature’s fees, charges, and billing terms shown in your account. You are responsible for providing complete and accurate billing, shipping and contact information and providing notice to us of any changes to such information. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you purchase Products or Subscriptions, and you authorize Second Nature or the third party payment processing service provider that we engage to charge your payment card for any such taxes and fees. All payments shall be made by payment card in advance prior to shipping the Products. If you do not pay on time or if your payment card cannot be charged for any reason, Second Nature reserves the right to either suspend or terminate your account, cancel your order and/or Subscription, and/or terminate these Terms of Service (in addition to, and not in lieu of, Second Nature’s other rights under these Terms ofService, at law or in equity). All sales and payments will be in US Dollars.
By purchasing a Subscription, you acknowledge that Second Nature will automatically and continuously ship the selected Products to you on a regular basis at the intervals shown in your account settings, as authorized by you during the Subscription sign-up process, and will charge your payment card with the corresponding fees, shipping and handling costs, and applicable sales and or similar taxes at the time of each such Product shipment. Second Nature may submit these recurring charges to your payment card without further authorization from you until you terminate this authorization by cancelling your Subscription or by notifying Second Nature that you wish to change your payment method. Second Nature requires a reasonable amount of time to process a Subscription cancellation request or request to change a payment method. Therefore, such requests will not affect charges submitted before Second Nature reasonably could act. To cancel aSubscription or change your payment method, please [Contact Us] or call 800-308-1186 and provide your account information. For your convenience and continuous Subscription benefits, if your payment card reaches its expiration date and you do not edit your payment card information or cancel yourSubscription, you authorize us to continue billing that payment card on file including extending the expiration date until we are notified by you or the payment card company that the account is no longer valid.
All shipping terms and requests for refunds are governed by our Shipping and Refunds Policy (available online at https://www.secondnature.com/shipping-and-refunds).By using the Site, or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound and abide by our Shipping and Refunds Policy.
The actual color or appearance of a Product may differ from the color or appearance you will see on Site due to your computer system and mobile device, and we cannot guarantee any color, texture or detail of actual Products you see when viewing Site will be accurate.
You agree that your order is an offer to buy under these Terms of Service all Products or Subscriptions listed in your order. We reserve the right, without prior notice, to limit the order quantity on any Products or Subscriptions, to refuse service to any customer, or to cancel any order, including after it is submitted. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If you submit or upload any information or files to our Site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (3) post or transmit a virus or any other harmful component, or (4) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Second Nature shall have the irrevocable license and right to use Submissions for its business purposes. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold harmless Second Nature and its affiliates, and each of their respective licensors, service providers, employees, agents, officers and directors, from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by the foregoing indemnities arising out of any Submissions you post or allow to be posted to the Site.
SECOND NATURE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND ACKNOWLEDGE THAT SECOND NATURE IS NOT THE MANUFACTURER OF SOME PRODUCTS SOLD THROUGH THE SITE AND THAT SECOND NATURE HAS NO CONTROL OVER YOUR USE OR INSTALLATION OF THE PRODUCTS. ACCORDINGLY, THIS SITE AND ALL PRODUCTS (EXCEPT FORTHE LIMITED WARRANTY FOR FRIDGE FILTERS DESCRIBED BELOW) SOLD THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OFANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SECOND NATURE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.SECOND NATURE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. THE ONLY PRODUCT WARRANTIES (EXCEPT FORTHE LIMITED WARRANTY FOR FRIDGE FILTERS DESCRIBED BELOW) ARE THE WARRANTIES, IFANY, PROVIDED BY A THIRD PARTY MANUFACTURER OF THE PRODUCTS.
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSSOR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER,SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
B.Limited 30-Day Warranty on Refrigerator Water Filter Replacement Cartridges
i.What does this warranty cover?
This limited warranty covers defects in materials and workmanship of the It Matters™- and Each Sip™-branded refrigerator water filter replacement cartridges purchased and still in the possession of the consumer who originally purchased (“Purchaser”) such water filter (the “Fridge Filter”) for the Warranty Period as defined below.
THIS LIMITED WARRANTY MODIFIES THE GENERAL DISCLAIMER OF WARRANTIES ABOVE ONLY FOR FRIDGE FILTERS AND ONLY TO THE EXTENT EXPRESSLY STATED HEREIN. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY OTHER PRODUCT.
THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS AND PURCHASER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THE LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE FRIDGE FILTER.
WE WARRANT THAT DURING THE WARRANTY PERIOD THE FRIDGE FILTER WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN PURCHASERS.
OUR RESPONSIBILITY FOR DEFECTIVE FRIDGE FILTERS IS LIMITED TO A REFUND OF THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE DEFECTIVE FRIDGE FILTER AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT. EXCEPT AS STATED IN THIS WARRANTY STATEMENT,ALL PURCHASES ARE FINAL AND ALL PAYMENTS ARE NON-REFUNDABLE.
ii.Who may use this warranty?
Second Nature extends this limited warranty only to Purchaser. It does not extend to any subsequent owner or other transferee of the Fridge Filter.
iv.What does this warranty not cover?
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper installation or use; (d) commercial use; (e) failure to follow the Fridge Filter instructions or to perform any preventive maintenance; (f) modifications; (g) unauthorized repair; (h) normal wear and tear; (i) external causes such as accidents, abuse, fire, flood or other natural disaster, or other actions or events beyond our reasonable control; (j) defects with the associated appliance, its installation or repair; o r (k) use of the Fridge Filter where water is microbiologically unsafe or of unknown quality, without adequate disinfection before or after the system (systems certified for cyst reduction may be used on disinfected water that may contain filterable cysts).
In order to control and reduce incoming water pressure to the operating parameters of the Fridge Filter, all FridgeFilters should only be installed in households that have a water pressure regulator valve (typically found where the water line meets the home). Do not expose any Fridge Filter to freezing temperatures.
iv.What is the period of coverage?
This limited warranty starts on the date the Fridge Filter is delivered to Purchaser and lasts for thirty (30) days (the“Warranty Period”). The Warranty Period is not extended if we repair or replace(or an authorized agent repairs or replaces) the Fridge Filter. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. The Warranty Period ends upon the transfer of theFridge Filter from the Purchaser to any subsequent owner or other transferee of the Fridge Filter.
v.What are the remedies available under this warranty?
With respect to any defective FridgeFilter during the Warranty Period, we will refund the purchase price paid byPurchaser for such Fridge Filter, crediting the amount paid back to the payment card used to make the original purchase. We cannot control when or how a specific payment card company processes a refund transaction. Purchaser will be responsible for contacting Purchaser’s payment card company if Purchaser has any questions about the status of the refund.
vi.How may Purchaser obtain warranty service?
To obtain warranty service, Purchaser must either call 1-800-308-1186 or contact us by visiting us online at https://help.secondnature.com and completing the web-based interactive request form there during the Warranty Period. Purchaser must provide valid proof of purchase in order to process any warranty claim.
vii.Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY RELATING TO ANY FRIDGE FILTER AND/OR THE SHIPMENT/DELIVERY OF ANY FRIDGE FILTER SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE DEFECTIVE FRIDGE FILTER, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, OR LOSSES FOR DELAY, INTERRUPTION OR LOSS OF SERVICE, LOSS OF BUSINESS, OR LOSS OF PROFITS,WHETHER DIRECT OR INDIRECT, WHETHER OR NOT WE ARE APPRISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS OF THE FORM OR NATURE OF THE CLAIM OR ACTION (IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, STRICT LIABILITY,NEGLIGENCE OR OTHERWISE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY MANNER FOR ANY IMPROPER INSTALLATION, USE OR MAINTENANCE OF A FRIDGE FILTER,INCLUDING FAILURE TO PROPERLY CONNECT THE FRIDGE FILTER TO THE WATER SUPPLY LINES AND/OR FAILURE TO UNDERSTAND AND OBSERVE THE PROPER WATER PRESSURE RATINGS AND REQUIREMENTS OF THE FRIDGE FILTER.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN PURCHASERS.
PLEASE READ THIS SECTION CAREFULLY, BECAUSE WE WANT YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.
If you have an issue with the Site, we encourage you to review our Help Center page (available online at https://help.secondnature.com/) or contact our dedicated Customer Care team via our Contact Us page or by telephone at1-800-308-1186.
If our support services team is unable to resolve any issues, then you and we agree that we will attempt to settle any claim or controversy arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation. If the parties cannot resolve the dispute within sixty (60) days, then all claims, disputes or controversies of any nature whatsoever shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied byJAMS. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.
These Terms of Service and the rights the parties hereunder shall be governed by and construed in accordance with thel aws the State of North Carolina, exclusive of conflict or choice of law rules.The parties expressly waive and disclaim the applicability of the UnitedNations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
YOUAND SECOND NATURE AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY,AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND SECOND NATURE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION 8, NEITHER YOU NOR SECOND NATURE WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
Except as may be required by law, neither you nor Second Nature nor any arbitrators may disclose the existence, content or results of any claim, dispute or controversy under, arising out of or relating to these Terms of Service, the Products or any arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.
Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of North Carolina located in WakeCounty, North Carolina, and you and Second Nature hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.
This agreement to arbitrate may be enforced by the parties to these Terms of Service and their permitted successors and assigns, and shall survive the termination or breach of theseTerms of Service.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRODUCTS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SECOND NATURE, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR(A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION), (B) ANY DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING OR EMOTIONAL DISTRESS, OR (C) ANY DIRECT DAMAGES IN THE AGGREGATE IN EXCESS OF THE AMOUNTS YOU HAVE ACTUALLY PAID TO SECOND NATURE IN THE 30 DAYS IMMEDIATELY PRIOR TO THE FIRST CLAIM UNDER THESE TERMS OF SERVICE, IN EACH CASE ARISING OUT OF OR RELATING IN ANY WAY TO TH ESITE, PRODUCTS, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORSEEABLE, WHETHER OR NOT SECOND NATURE OR OTHERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OFTHE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Second Nature makes no representations or warranties(and shall have no liability) whatsoever about or with respect to any other website that you may access through this Site. When you access a non SecondNature site, you understand and agree that it is independent from Second Nature and that Second Nature has no control over the Content on that website. In addition, a hyperlink to a non Second Nature website does not mean that SecondNature endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms,Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk and subject to the terms and conditions of use of such sites.
Second Nature reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. No waiver by Second Nature of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Second Nature to assert a right or provision under these Terms ofService shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between Second Nature and you pertaining to the subject matter hereof.
In its sole and absolute discretion, Second Nature may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Your continued use of the Site following the posting of revisedTerms of Service means that you accept and agree to the changes. The date theseTerms of Service were last modified is listed at the beginning of these Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Except as expressly provided in this paragraph, no amendment to or modification of these Terms of Service will be effective unless explicitly set forth in writing and signed by an authorized representative of Second Nature.
We take our communications with you seriously, and we offer you the option to unsubscribe from our marketing and promotional emails. In the instance you choose to unsubscribe, we may still send you transactional communications via email, such as information about your account, your Product or Subscription orders, responses to customer service requests, and other transactional communications.
When you sign up for a Subscription and include your mobile telephone number at registration, you will be given an option to participate in our SMS text message alert service (the “Text Alert Service”). We provide the Text Alert Service to send you information about yourSubscription, including, for example, reminders about upcoming Product deliveries or confirmation that your order has arrived at your door. By subscribing to the Text Alert Service, you voluntarily authorize and direct us to send text messages using an automated system to the mobile telephone number you have provided. You are not required to use or subscribe to the Text Alert Service as a condition of purchasing a Subscription or in order to benefit from other Site features that are unrelated to the Text Alert Service. Standard message and data rates may apply. Once enrolled in the Text Alert Service, you may opt out of the Text Alert Service (i.e., stop all text messages) at anytime. With respect to any text message, you may reply STOP to end all messages, or you may opt out by adjusting the settings on your account settings page orby letting us know by contacting us at 800.308.1186 or via our Contact Us page. Please allow us a few days to process your opt out request.
At this time, we do not send any text messages that contain marketing or promotional information.