Terms & Conditions

Updated: December 16, 2020

WEBSITE Terms of Use

Welcome to www.naturallyminaj.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 Naturally Mina J, LLC (the “Company,” (“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.

 

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.

 

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.

 

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.

 

Chargeback Policy

Customer understands and agrees that in the event the Customer initiates a chargeback and/or merchant dispute with their issuing bank for the Products they have received and in fact owe payment for, and the Customer is successful in recovering the disputed funds that would otherwise be owed to Naturally Mina J, LLC, Naturally Mina J, LLC, will make every effort to provide documentation to the issuing bank that the Customer did receive any and all products, including this policy.

 

Further, the Naturally Mina J, LLC reserves the right to issue an invoice to Customer for any and all products that Naturally Mina J, LLC has sold and delivered to Customer.  Customer hereby agrees to pay the invoice in full in the event that a chargeback dispute is initiated. Should Customer fail to make appropriate payment, Naturally Mina J, LLC shall pursue any and all available legal and equitable remedies available by law.

Gift Cards

All Gift Cards cannot be returned, redeemed for cash, or returned for a cash refund (except to the extent required by law). Lost or stolen Gift Cards can only be replaced for the remaining balance by presenting the original purchase receipt.