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Terms of Service

Your use and access to the web pages on which these terms are displayed (including, but not limited to, versions of these web pages optimized for mobile devices) (collectively, the "Website"), as well as the content and services provided through this Website, are governed by the following Terms of Use (referred to as "Terms"). These Terms are subject to periodic updates. Prior to utilizing or accessing this Website, we kindly ask that you carefully review these Terms. The Website is under the ownership or control of NAUDE BOURN, LLC (referred to as "Naude Bourn"). By accessing, using, or interacting with this Website in any manner, you agree to be bound by the terms, conditions, policies, and notifications presented in these Terms.

These encompass various aspects, such as engaging in electronic transactions, disclaimers of warranties, exclusions and limitations pertaining to damages and remedies, mediation, binding arbitration, waiving the right to a jury trial, and opting for the application of Florida law. It is important to note that arbitration differs from court proceedings in terms of the absence of a judge or jury, as well as reduced discovery and appellate review. The terms "we," "us," and "our" pertain to Naude Bourn and any affiliated entities. The term "you" pertains to any individual who accesses or utilizes the Website. Both you and we are collectively referred to as "parties," while individually, we are each considered a "party." The Website and these Terms may be subject to updates at intervals. Your continued usage and access to the Website after we publish any revisions to these Terms will signify your acceptance of those changes. We advise that you periodically review these Terms. Please be informed that Naude Bourn reserves the exclusive right to discontinue the Website or any of its components, with or without prior notice, and may restrict your use of the Website, with or without notifying you.

Your access to the Website, as well as any content you might have posted on the Website, may be terminated, and you acknowledge that you do not possess any inherent rights to the Website. Naude Bourn shall bear no liability towards you in the event of Website discontinuation or the cessation of your ability to access the Website or any associated content you have submitted.

Naude Bourn Content

The content provided on this website by Naude Bourn or its licensors, including graphics, images, text, trademarks, logos, and compilations ("Naude Bourn Content"), is the property of Naude Bourn and its licensors, protected by trademark, copyright, and other intellectual property laws. No content on this site should be interpreted as granting a license or right to download or use any Naude Bourn Content. You agree not to download, display, or use any Naude Bourn Content from the site for any commercial or non-commercial purpose that might cause confusion among consumers, disparage Naude Bourn or its licensors, dilute their property strength, or infringe on their intellectual property rights. You further agree not to misuse any Naude Bourn Content appearing on this Site.

Use of the Site and Posting Policy

Your use of the site is subject to these requirements:

  • Do not use site features for unlawful, abusive, harassing, defamatory, obscene, or hateful purposes, as determined by Naude Bourn.
  • Do not upload or distribute copyrighted or protected material without permission.
  • Do not collect personal data of other users.
  • Do not use the site for unapproved commercial purposes.
  • Do not transmit unsolicited communication or solicitations via the site.
  • Do not upload materials that contain computer viruses or interfere with site functionality.

Certain site areas may allow you to submit User Content such as reviews or images. By using these features, you agree:

  • Not to submit unlawful, harmful, abusive, or inappropriate content.
  • Not to share personal information without permission.
  • Not to impersonate others or post harmful content.
  • Not to upload content that may harm the site's functionality.
  • Naude Bourn can delete accounts and User Content for violations.
  • Naude Bourn can modify or remove User Content for any reason.

By posting User Content, you grant Naude Bourn a non-exclusive, sub-licensable, perpetual, worldwide, royalty-free license to use, modify, display, distribute, and reproduce the content. You waive moral rights and retain ownership, subject to these Terms.

You agree to indemnify and hold harmless Naude Bourn, its parents, subsidiaries, officers, employees, website contractors, and each of their officers, employees, and agents from any claims, damages, and expenses, including reasonable attorneys' fees and costs, arising from your violation of these Terms.

Sales Terms: Naude Bourn ships within the 50 United States and Puerto Rico. International shipping is currently unavailable. Refer to Naude Bourn's Return Policy on the Site for more information. Orders in transit cannot be changed. Sales tax is added based on the state's rate where items are shipped. Payments through PayPal are subject to PayPal's terms.

While we strive for accuracy, occasional errors may occur on the Site. Accessing the Site doesn't guarantee purchase rights. Naude Bourn isn't liable for typos or pricing mistakes. Product descriptions and prices can change without notice. We can cancel orders with pricing or availability errors after confirmation. If your card is charged and the order is canceled, a refund will be issued. Naude Bourn may limit product quantities.

We try to show product attributes accurately, but actual colors depend on your computer. Accuracy isn't guaranteed.

Payment requires a valid Visa, MasterCard, Discover, or American Express card. Please note that new forms of payment may be introduced on the site without necessitating updates to the sales terms and are subject to their platform terms. Shipping fees are added. Ownership transfers at shipment; risk of loss passes to the buyer.

You're responsible to follow all laws for purchased items. Ordering implies lawful use. To make purchases of our available products or services via the website, you might need to provide specific transaction-related details. These could include your credit card number, the card's expiry date, billing address, and shipping information. By supplying this information, you confirm and assure that you possess the lawful authority to utilize any credit card(s) linked to the transaction.

Submitting such details grants us or our designated third parties the right to share this information with relevant parties involved in executing transactions initiated by you or on your behalf. We may need to verify the provided information before confirming or finalizing any transaction.

Promotion Guidelines

Naude Bourn may display advertisements and promotions from third parties on our Website. Your interactions, such as business dealings, correspondence, or participation in promotions with advertisers other than Naude Bourn, are solely between you and the third party. Any terms, conditions, warranties, or representations related to these interactions are the responsibility of the third party.

Naude Bourn is not liable for any losses or damages arising from such interactions or the presence of non-Naude Bourn advertisers on the Website. Sweepstakes, contests, and other promotions ("Promotions") offered through the Site are subject to separate rules from these Terms.

Account Security

Certain sections of the Website may require registration or the provision of information for specific features or content access. Declining to provide this information could limit your access to content or features. Should the Website necessitate account creation or information submission, you must accurately complete the provided registration form with up-to-date details. Maintaining accurate and current registration data is your responsibility, and any losses from failure to do so fall on you.

Safeguarding your password and account confidentiality is entirely your responsibility. You are also fully accountable for all activities under your account. Promptly inform Naude Bourn of any unauthorized account use. Furthermore, refrain from sharing your user ID, password, or access information via email or other means. Naude Bourn assumes no liability for losses resulting from unauthorized account use, whether or not you are aware, and is not responsible for any account closure delays following your security breach report.

External Links

Our website may include hyperlinks to external websites that are not operated or associated with our company. These links are provided for your convenience and do not imply any endorsement or affiliation with us. We want to make it clear that we do not guarantee the accuracy, completeness, or content of these third-party websites. When you navigate to a third-party site through a link on our website, please be aware that their privacy policy will apply to any information you provide. We have no authority over the collection, usage, or handling of your information on external sites.

Notification of Intellectual Property Infringement

If you hold trademarks or copyrights and believe that your rights have been violated, contact us.

Representations and Limitations of Liability

Regarding the reliability of this Website's features, Naude Bourn does not make representations and disclaims liability in the event of service failure, as permitted by applicable law. Any reliance on this Website's material or systems is at your own risk. Naude Bourn does not guarantee preservation times for Naude Bourn Content or User Content.

User-provided information is not endorsed or verified by Naude Bourn, and no endorsement or guarantee is implied. You must not create or distribute information implying Naude Bourn's endorsement without prior review and written approval.

This Website is provided "as is, as available". No warranties, express or implied, are made regarding this Website or its contents.

Under no circumstances, including negligence, shall Naude Bourn be liable for any damages resulting from the Website use or service/product availability. Naude Bourn shall not be responsible for errors, interruptions, delays, or other issues beyond its control.

Downloading material and using third-party websites referenced are at your own risk. Some jurisdictions may not allow these limitations, but they apply to the extent permitted by law. Notice of any claim must be provided within 180 days or is waived and time-barred, as agreed upon by you and us under applicable law.

Products/services on the Site are offered in jurisdictions where legal. The Site's information is not an offer or solicitation where prohibited by law.

Location and Governing Law

The operations of this website, managed by Naude Bourn, are based within the United States. Our intention is for Naude Bourn to operate under the laws and jurisdiction of the United States, and not be subject to the laws of any other country. We retain the right to restrict access to the website, whether wholly or partially, to individuals, specific geographic regions, or jurisdictions, at our discretion and without prior notice. These Terms shall be governed by and interpreted in accordance with the laws of the state of Florida, USA, disregarding conflicts of laws principles.

Legal Venue

Unless both parties, you and Naude Bourn, mutually agree otherwise, and to the fullest extent allowed by applicable law, any legal disputes, except those filed in small claims court, that do not fall under arbitration, or any matters related to the enforceability or applicability of the dispute resolution provision or its components, shall be under the exclusive jurisdiction of the state and federal courts located in Miami, Florida, USA. By using this website, you consent to these courts' jurisdiction and agree to waive any objections regarding personal jurisdiction, inconvenient forum, or venue.

Miscellaneous

Both you and Naude Bourn acknowledge and agree that no partnership is established between you and Naude Bourn. Neither party possesses the power or authority to obligate or bind the other.

In certain sections of the Website, you may have the option to share personally identifiable information with us. To learn more about how we collect and use information, please refer to our Privacy Policy.

Should Naude Bourn fail to meet these Terms due to circumstances such as acts of God, war, fire, riot, terrorism, earthquake, governmental actions, or any uncontrollable event, it will not be considered a breach of these Terms.

Naude Bourn's failure to respond to breaches, whether by you or others, does not waive its right to address future similar breaches.

Except as explicitly stated, if any provision within these Terms is deemed unlawful, void, or unenforceable for any reason, it will be separated from these Terms without affecting the validity of the remaining provisions.

These Terms create a binding agreement between you and Naude Bourn, effective upon your access, use of the Site, or account. They constitute the complete agreement between you and Naude Bourn concerning Site access, use, and your account. By accessing or using the Site, you confirm your ability to enter a binding agreement and agree to abide by these Terms.

Breaching any provision of these Terms or our Privacy Policy will result in the loss of Site privileges. We reserve the right, at our sole discretion, to modify, suspend, or terminate the Site, its features, or any part thereof, temporarily or permanently, without notice or liability.

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.

Do Not Sell or Share My Personal Information

We value your privacy and appreciate your confidence in entrusting us with your information.

Under relevant U.S. privacy laws, and subject to the laws of your specific jurisdiction, you may possess certain data rights concerning your personal information.

To exercise these rights and opt out of the sale or sharing of your personal information, follow the steps below and complete the provided form. If you wish to opt out of these activities, please send an email and include the details below.

Cookies-Based Opt-Out: We collaborate with third-party services for targeted online advertising and analytics. These partners might collect your personal information directly from your device during visits to our websites or mobile apps. To exercise your opt-out right pertaining to cookies and other tracking technologies for analytics and targeted advertisements, click on the "Cookies settings" link in the website's footer to opt out of targeted ads on this platform.

Please provide the following details:

  • First Name:
  • Last Name:
  • Email:
  • State of Residence:
  • Country:

By submitting this request, I confirm the following:

  • Accuracy: The information I'm providing is accurate and true. I am the data subject or an authorized agent of the mentioned data subject.
  • I understand that Naude Bourn will use this information to process my request, following the Privacy Policy.
  • I acknowledge that Naude Bourn has the right to contact me for identity verification and request processing.

For questions regarding these terms of service, contact us.

These terms of service are effective as of May 17, 2023.
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