Policies

The content (content being images, designs and/or graphics, text) on all pages of this website are the Copyrighted Intellectual personal property of Christopher & Randy Jones of Seabeck, WA and are protected by US and International Copyright and Trademark Laws. Contents may not be reproduced, copied, translated, forwarded or distributed in any manner (electronic, web or printed) without our prior written consent. We actively seek out copyright violations and will use any and all legal means available to enforce Copyright Infringements.

1. ACCEPTANCE OF TERMS

Nature Gift Store LLC. (“Nature Gift Store”) provides the nature-gifts.com website and content on the nature-gifts.com website (collectively, the “website”) to you, subject to the following terms of website (the “TOS”). By accessing the website or any portion thereof, you signify your agreement to all terms, conditions, and notices contained or referenced in the TOS. If you do not agree to the TOS, do not use the website. Nature Gift Store reserves the right, at its discretion, to update or revise the TOS from time to time without notice to you. Please check the TOS periodically for changes. You can review the most current version of the TOS at any time at www.nature-gifts.com/policies/. Your continued use of this website following the posting of any changes to the TOS constitutes acceptance of any such changes. In addition, when using particular features of the website, you shall be subject to any guidelines or rules applicable to such websites that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. NATURE GIFT STORE PRIVACY POLICY

Nature Gift Store LLC. (“Nature Gift Store”) provides the nature-gifts.com website and content on the nature-gifts.com website (collectively, the “website”) to you, subject to the following terms of website (the “TOS”). By accessing the website or any portion thereof, you signify your agreement to all terms, conditions, and notices contained or referenced in the TOS. If you do not agree to the TOS, do not use the website. Nature Gift Store reserves the right, at its discretion, to update or revise the TOS from time to time without notice to you. Please check the TOS periodically for changes. You can review the most current version of the TOS at any time at www.nature-gifts.com/policies/. Your continued use of this website following the posting of any changes to the TOS constitutes acceptance of any such changes. In addition, when using particular features of the website, you shall be subject to any guidelines or rules applicable to such websites that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

3. AUTHORIZED USER

3.1 Adults

In consideration of your use of the website, you represent that: (i) you are of legal age to form a binding contract; or (ii) your use of, the website is expressly authorized by a parent or guardian of legal age to form a binding contract and who agrees to be bound by the TOS and by any purchase in which you participate.

3.2 Children

Nature Gift Store is concerned about the safety and privacy of all its users, particularly children. The website is not directed to children under the age of 13. The website requires all users to be at least 13 years of age. When you, as a parent or guardian, permit a child to access the website, you represent and agree that: (a) you are fully bound by the TOS; (b) you shall ensure that your child complies in all respect with the TOS and you shall be responsible for any breach by your child of any term or condition of the TOS; (c) with respect to any purchase conducted by your child through the website, you consent to and are personally bound by the terms of such transaction as the actual party in interest, and your child is acting on your behalf and at your direction solely as an authorized agent. Please remember that the website is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any portion of the website is appropriate for your child, and if you, as a parent or guardian, object for any reason to your child’s use of the website.

4. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

(A) Your use of the website is at your sole risk. the website is provided “as is” and “as available,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products or services provided through or in connection with the website. specifically, Nature Gift Store and its service providers disclaim any and all warranties, including, but not limited to, any warranties concerning the availability, accuracy, usefulness, or content of information, products or services, and disclaim warranties of merchantability, fitness for a particular purpose and non-infringement. this disclaimer of liability applies to any damages or injury whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

(B) Neither Nature Gift Store nor its service providers makes any warranty: (i) that the website will meet your requirements; (ii) that the website use will be uninterrupted, timely, secure, or error-free; (iii) that communications and user settings will be delivered or stored; (iv) that the results that may be obtained from the use of the service will be accurate or reliable; (v) that the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations; (vi) that any errors on the website will be corrected; or (vii) with respect to any other matter.

(C) Any service content, user content or other material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(D) The website may provide, or third parties may provide, links to other internet sites or resources. because Nature Gift Store has no control over such sites and resources, you acknowledge and agree that Nature Gift Store is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. you further acknowledge and agree that Nature Gift Store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.

(E) No advice or information, whether oral or written, obtained by you from Nature Gift Store or its service providers or through or from the website shall create any warranty not expressly stated in the TOS.

(F) Neither Nature Gift Store nor its service providers makes any warranty regarding any goods or services purchased or obtained through the website or any transactions entered into through the website.

5. RETURNS AND EXCHANGES

Contact us at help@naturegifts.com if you receive a damaged item so that we can quickly replace it for you.

We stand behind all our product offerings and our service. If you are not satisfied with any of your Nature Gift Store purchases, you can return it for a replacement or refund.

Kindly return your purchase in its original packaging, with your original packing slip and your return authorization number, for a full refund. You may obtain the return authorization number by contacting us at help@naturegifts.com before returning the merchandise.

Packages returned without the authorization number cannot be accepted. All claims for missing items, damaged goods, or defective merchandise must be made within 10 working days of receiving them. Merchandise returned will be credited to your account if it is in a saleable condition.

6. AFFILIATE PROGRAM POLICY

By participating in the Nature Gift Store Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and Nature Gift Store. By submitting the online application, you are agreeing that you have read and understood the terms and policies of this Agreement, and that, if Nature Gift Store accepts your application, you agree to be legally responsible for each and every term and policy.

Your participation in the Program is solely for the purpose of legally advertising Nature Gift Store to receive a commission on products purchased by your referrals.

This Agreement begins when Nature Gift Store accepts you into the Program and will end when your participation is terminated.

Nature Gift Store may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.

You or Nature Gift Store may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.

6.1 Referrals

Nature Gift Store will attribute referrals to you based on a tracking code embedded in your affiliate links.

Nature Gift Store uses the Affiliates by itthinx affiliate tracking system. When a referral clicks through your affiliate link, Affiliates sets a cookie in the browser that contains your tracking code. Affiliates also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at Nature Gift Store, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and Nature Gift Store will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.

Nature Gift Store reserves the right to refuse service to any referral.

6.2 Affiliate Fraud

Examples of affiliate fraud include:

  • using coupons to send referrals to Nature Gift Store,
  • promoting coupons that are not issued to the affiliates,
  • using a network of family and friends as referrals,
  • posting affiliate links in PBNs

This list is not exhaustive. Nature Gift Store reserves the right to refuse commissions accrued by use of such fraudulent tactics.

6.3 Commissions

Nature Gift Store will pay you a commission on products purchased by your referrals according to the designated payment schedule.

Nature Gift Store uses the Affiliates affiliate tracking system owned by itthinx, to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through your affiliate dashboard, you will have access to information we use to determine commissions we owe you.

Nature Gift Store reserves the right to increase or decrease commission rates from time to time as it sees fit.

There is no maximum commission limit.

If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. Nature Gift Store returns all money to the referral, so you must also return your portion of the sale. Because of the 30-day return period for all Nature Gift Store products, and because of periodic processing, Nature Gift Store may hold your commission payout for a period of up to 3 months.

6.4 Reversals

Nature Gift Store reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

1) You are not forthcoming, you are intentionally vague, or you are found to be lying.

2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.

3) You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.

6.5 Assets

The tools, products, and creative assets (collectively “Assets”) that Nature Gift Store provides to you include valuable information vital to the success of the Program, including a tracking code that Nature Gift Store uses to attribute referrals to you.

Nature Gift Store grants to you a non-exclusive, non-transferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.

You will use the Assets as Nature Gift Store instructs:

1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.

2) You will not alter, add to, subtract from, or otherwise modify the Assets as Nature Gift Store provides them unless you obtain prior written consent from Nature Gift Store.

3) You may only use the Assets for the purpose of promoting Nature Gift Store and its products.

4) Nature Gift Store retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.

5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.

6) You will not publish or otherwise distribute any other advertising materials that reference Nature Gift Store unless Nature Gift Store gives prior written consent to the distribution of such materials.

6.6 Email

Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the Nature Gift Store affiliate program.

Nature Gift Store reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send.

You may send transactional or relationship messages as defined in the Act.

6.7 Social Media

Nature Gift Store permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:

1) You ARE ALLOWED to post your affiliate links on your own social media.

2) You ARE PROHIBITED from posting your affiliate links on the social media of Nature Gift Store.

6.8 Keywords

You shall not purchase keywords, domain names, advertising, search terms, AdWords, or any other identifiers that include the word “Nature Gift Store,” the names of Nature Gift Store products or services, or any variations or misspellings thereof.

6.9 Relationship

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Nature Gift Store. You will provide services for Nature Gift Store as an independent contractor. You will have no authority to bind Nature Gift Store into any agreement, nor will you be considered an agent of Nature Gift Store in any respect.

Nature Gift Store will not be responsible for any taxes that you owe arising out of your relationship with Nature Gift Store as set forth in this Agreement. Nature Gift Store will not withhold any taxes from the commissions paid to you.

You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that Nature Gift Store is compensating you for your review or endorsement.

6.10 Warranties

Nature Gift Store makes no express or implied warranties or representations with respect to the Program.

Nature Gift Store makes no representation that the operation of the Program will be uninterrupted or error-free, and Nature Gift Store will not be liable for the consequences of any interruptions or errors.

You represent and warrant the following:

1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.

2) Your website does not contain any materials that are:

(a) Unlawful or solicitous of behavior that is unlawful in the United States;

(b) Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.

3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.

4) You do not compete with Nature Gift Store. You are not an employee, agent, or partner with any person or company that competes with Nature Gift Store. You may be an affiliate with or an independent contractor to persons or companies that compete with Nature Gift Store.

 6.11 Indemnification

You will indemnify and hold harmless Nature Gift Store from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Nature Gift Store for any damage, loss, or other cost arising out of your use or misuse of the Assets.

6.12 Confidentiality

Any information that you are exposed to by virtue of your relationship with Nature Gift Store under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Nature Gift Store.

6.13 Liability

Nature Gift Store will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Nature Gift Store was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.

7. TRADEMARKS

Without the prior permission of Nature Gift Store or the relevant website provider, as applicable, you are not permitted to use or display any name, trademark or website mark of Nature Gift Store or any website provider in any manner. Without limitation, about-squirrels.com, amazon.com/shops/naturegiftstore, bugmuseum.com, butterfly-gifts.com, butterfly-kit.com, butterfly-kits.com, butterflygifts.com, butterflypictures.net, carnivorous–plants.com, dragonfly-site.com, excelpestcontrol.com, Frog-life-cycle.com, Hermit–crabs.com, infosciencetoday.org, ladybug-life-cycle.com, ladybuglady.com, learnaboutnature.com, live-ants.com, live-tadpoles.com, livetadpoles.com, monarch-butterflies.com, monarch-butterfly.com, nature-gifts.com, naturegifts.com, our-natural-world.com, pet-frog.com, pet-frogs.com, pet-lizard.com, petyak.com, sciencesite.com, stores.ebay.com/Our-Natural-World, thebutterflysite.com, yuprocks.com and Butterfly & Nature Gift Store are trademarks of Nature Gift Store. All rights thereto are reserved and may not be used without express permission of the owner. Other trademarks appearing in the website are the property of the respective owners and there is no claim made thereto.

8. ADVERTISERS AND WEBSITE PROVIDERS

Your correspondence or business dealings with, or participation in promotions of, advertisers and/or third-party website providers found on or through the website, including payment and delivery of related goods or websites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or website provider. You agree that Nature Gift Store shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or website providers on the website. If you do not wish to deal with such advertisers or website providers, do not purchase any items or websites offered by or through them. Nature Gift Store is not responsible for any loss, damage, injury, or harm that may result from your interactions with advertisers or website providers.

9. LIMITATION OF LIABILITY

You expressly understand and agree that neither Nature Gift Store nor its website providers shall be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use purchased goods; (ii) the cost of procurement of substitute goods resulting from any goods purchased or obtained; (iii) unauthorized access to, or use or alteration of, your transmissions, information or data, whether stored on Nature Gift Store servers or the servers of any third-party website provider; (iv) acts of god; (v) errors, omissions, or misstatements in any and all information provided under this agreement; (vi) processing of your purchase; (vii) damage to computer hardware or software resulting from use of the website or any website content or user content therein; or (viii) any other matter relating to the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Nature Gift Store or its website providers have been advised of the possibility of such damage.

Notwithstanding anything to the contrary contained herein, in no event will the liability of Nature Gift Store or its website providers to you arising under or relating to the sale of goods from its website exceed the total amount of payments, if any, actually received by Nature Gift Store or its website providers from you for the goods purchased through the website.

Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions, the respective liability of Nature Gift Store and its website providers is limited to the greatest extent permitted by such law.

10. DISPUTES

10.1 Governing law and venue:

The construction, interpretation and performance of the TOS and all transactions related thereto shall be governed by and construed in all respects in accordance with the laws of the state of Washington, without giving effect to the principles of conflicts of law thereof. You irrevocably consent to venue in Kitsap county, Washington, and you agree that any mediation, arbitration, action or lawsuit arising under this agreement or relating to the subject matter thereof shall be maintained in Kitsap county, Washington. You agree that, regardless of any statute or law to the contrary, any dispute or claim arising out of or related to use of this website provided by Nature Gift Store or otherwise arising out of or related to the provisions and conditions of the TOS, must be asserted within one (1) year after such claim or cause of action first arose or shall be forever barred.

10.2 Dispute resolution:

Except where expressly indicated to the contrary in the TOS, any dispute, claim or controversy arising out of or relating to the TOS, or breach of the TOS, shall be resolved in accordance with the commercial arbitration rules of the American arbitration association. The arbitration shall be conducted in Kitsap County, Washington. Prior to any demand for arbitration the parties will attempt in good faith to resolve through negotiation any such dispute, claim, controversy arising of or relating to the TOS or breach of the TOS. Either party may initiate negotiations by providing written notice, in letter form, to the other party setting forth the subject of the dispute, and the relief requested. Within fifteen (15) days after receipt of said notice (or such longer period as may be agreed to by the parties), the receiving party shall submit to the other party a written response. The notice and response shall include (i) a general statement of the party’s position, and (ii) recommended solution to the dispute.