THE NATORI COMPANY TERMS OF USE AGREEMENT:
Read this Terms of Use Agreement Before Accessing Website
Effective Date:
This Terms of Use Agreement was last updated on November 23, 2020.
This Terms of Use Agreement sets forth the standards of use of The Natori Company Online Service. By using the www.natori.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.natori.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service:
The Natori Company provides you with information about The Natori Company, and access to an online store for direct shopping. You must (1) provide all equipment necessary for your own Internet connection, including computer and modem, (2) provide access to the Internet, and (3) pay any fees that relate to such connection.
Trademarks:
"Josie Natori", "Natori", "Josie", and "Cruz" are registered trademarks of The Natori Company. Unauthorized use of these and other marks owned by The Natori Company are strictly prohibited.
Disclaimer of Warranties:
The site is provided by The Natori Company on an âas isâ and on an âas availableâ basis. To the fullest extent permitted by applicable law, The Natori Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Natori Company shall have no liability for any interruptions in the use of this Website. The Natori Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability:
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE NATORI COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE NATORI COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE NATORI COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN THE EVENT YOU HAVE ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
Indemnification:
You agree to indemnify and hold The Natori Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneysâ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you or another user of the Service using your computer, of any intellectual property or any other right of any person or entity.
Members Account:
You have the option of creating an online account on www.natori.com, making you a Registered Member. All Registered Members of the Service shall receive a password and an account. Registered members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Registered Members agree to notify The Natori Company of any unauthorized use of Registered Membersâ account or any other breach of security known or should be known to the Registered Member. Registered Membersâ right to use the Service is personal to the Registered Member. Registered Member agrees not to resell or make any commercial use of the Service without the express written consent of The Natori Company.
Product, Content, and Specifications:
All features, content, specifications, products, and prices of products and services described on www.natori.com are subject to change at any time. Weights, measurements, and descriptions are approximate and are provided for convenience purposes only. While The Natori Company makes all reasonable efforts to accurately display the attributes of our products, including colors, the actual colors you see depend on your monitor and computer system. As such, The Natori Company cannot guarantee that your system will accurately depict the exact colors and attributes of our products.
Accuracy of Information:
The Natori Company attempts to ensure that all information on this Web Site is complete, accurate, and current. However, The Natori Company makes no representation as to the completeness, or accuracy of any information on this Web Site at any given time. While The Natori Company attempts to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order, or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any given product or service, and/or to refuse any order to any customer. We also reserve the right to require verification of information prior to the acceptance and/or shipment of any order.
Shipping:
When an order is placed from www.natori.com, it will be shipping to an address designated by the purchasing party, as long as that address is compliant with the shipping restrictions contained on this site. All purchases made from www.natori.com are pursuant to a shipment contract. As such, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carries for damaged and/or lost shipments. The Natori Company can only accept orders with shipping addresses in the United States and Canada.
With regards to express shipping, the expected delivery quote assumes The Natori Company receives the order before 1PM EST. You should assume orders received after that time will not leave our warehouse until the next day.
Moreover, overnight orders are quoted based on delivery the next business day, meaning overnight orders placed Friday will arrive on Monday. You can attempt to request special arrangements by e-mailing custserv@natori.com.
Modifications and Interruption to Service:
The Natori Company reserves the right to modify or discontinue the Service with or without notice to you. The Natori Company shall not be liable to you or any third party should The Natori Company exercise its right to modify or discontinue the Service. You acknowledge and accept that The Natori Company does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites:
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-partiesâ sites.
Governing Jurisdiction of the Courts of New York:
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of New York.
Compliance with Laws:
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Botnets:
The Natori Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, The Natori Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Links:
Creating or maintaining any link from another Web site to any page on this Web Site without The Natori Companyâs prior written permission is strictly prohibited.
SMS:
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a âText Messageâ) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying âSTOPâ to any Text Message you receive from us. For help, reply âHELPâ to any Text Message you receive from us or email textsupport@wunderkind.co.In addition to any fee of which you are notified, your mobile providerâs message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrierâs pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an âAS ISâ basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your providerâs name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting âSTOPâ to our text messages.
Copyright and Trademark Information:
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof, are either the property of, or used with permission by, The Natori Company, and are protected by copyright, trademark, and other laws. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Natori Company is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Natori Company.
All other trademarks displayed on The Natori Companyâs website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Natori Company.
Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The Natori Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Kenneth C Natori
The Natori Company
261 5th Ave 24th Floor
New York, NY 10016
By Telephone: 212-532-7796
By Email: help@natori.com
Other Terms:
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Natori Company, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.