(Last Updated December 5, 2016.)
Thank you for visiting Natrol.com (“Site”). The Site is designed to provide a convenient, inspiring and educational product experience for consumers to learn about Natrol products essential to healthy, everyday living. Accessible 24 hours a day, 7 days a week, the Site offers a complete catalog of Natrol products, along with interesting and updated health information to help you make educated purchasing decisions. Natrol strives to offer a both safe and pleasant visit, as outlined by the terms and conditions herein. By accessing the Site, you are agreeing to be bound by all of the terms in this Agreement.
The term “Content” applies to any material, data, information or comments of any type on the Site, as well as data, material, information or comments provided by third parties. Where applicable, Content on the Site is subject to the following disclaimer: “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease.”
Natrol will provide you with general access to the Site for the purpose of learning about Natrol and its products. By providing this access, Natrol is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.
Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws, unless otherwise specified. The Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site. You may not, without Natrol’s or the appropriate Content Provider’s permission, download, copy, modify, display or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved.
Any reproduction — except for your personal non-commercial use — distribution, sublicense, sale or creation of derivative works of any portion of the Content viewed or accessed from the Site, without the express written permission of Natrol or the Content Provider, is expressly prohibited.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to Natrol and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Natrol or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Natrol or the respective Content Provider. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, without limitation, termination of your Natrol account, civil liability and criminal prosecution. Notwithstanding any other remedies, you agree that Natrol or the appropriate Content Provider shall be entitled as a matter of right and without notice to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you. You acknowledge Natrol’s proprietary rights, including any and all copyrights and trademarks, in the Natrol name and the Site (the “Natrol Property”). The Natrol Property includes the structure, sequence, organization and look and feel of the Site, the database, listing and transaction systems, and/or the Content, where applicable, as well as the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by Natrol to any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the Natrol Property. You will indemnify Natrol for any and all costs and expenses (including attorney’s fees) associated with any legal action brought by or against you with respect to the Natrol Property.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site, or permit anyone else to establish such a link. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.
Links to Third Party Websites
Disclaimer of Warranties
While it makes every effort to make sure its Site is always available to you, Natrol does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure or free of errors, or that any defects in the site, software, materials or products will be corrected.
Products displayed on the Site can be delivered only within the United States at the present time. Prices are valid and effective only in US dollars. We attempt to ensure the currency and accuracy of all product information. However, prices are subject to change without notice. We do not warrant the currency or accuracy of Site information regarding product price and availability.
We have tried to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor or user device. We cannot guarantee the accuracy of your device or monitor’s display.
While it takes reasonable steps to prevent such problems, Natrol cannot guarantee or warrant that the Content, files or information available on, or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating and/or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system for loss of data that results from the download of such Content, files or information. Natrol assumes no responsibility for the deletion of or failure to hold or store e-mail messages.
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NATROL MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING AND WITHOUT LIMITATION, ITS ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. NATROL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, QUALITY, ACCURACY OF INFORMATION, CONTENT, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL NATROL, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF NATROL, HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING AND WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF, OR RELATED TO, NATROL’S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE. THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, INCOME, GOODWILL OR DATA, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF NATROL OR ANY OF ITS AFFILIATES OR AGENTS.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Natrol, its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Natrol, from any and all liability associated with your use of this Site. This release shall apply to any and all claims, whether known or unknown, held by you.
With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waives all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby also agree not to sue, and expressly waive any and all claims against Natrol for any claim that is released hereunder, or for an amount in excess of the limitation of liability provided in this Agreement.
You agree to indemnify, defend and hold Natrol, its parents, subsidiaries, affiliates, officers, directors, employees and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys’ fees) and other costs arising out of or relating to (i) your breach of these Terms and Conditions or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. Natrol may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Natrol, however, shall not excuse any of your indemnity obligations.
Termination & Modification
Natrol may change the Terms and Conditions at any time without notice by posting the changes on the Site. All changes shall automatically be effective 30 days after they are initially posted on the Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of California without reference to conflict of law principles. These Terms and Conditions are deemed entered into in Los Angeles County, California. All disputes arising out of or related to these Terms and Conditions, the services or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS. BY SUBMITTING INFORMATION TO OR ACCESSING INFORMATION FROM THE SITE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER, THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND NATROL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION TO OR ACCESS INFORMATION FROM THE SITE.