Terms of Use

TERMS OF USE

LAST UPDATED: FEBRUARY 2016

Welcome to MarleyNaturalShop.com (the "Site"), provided by Little Bay, Inc., and its affiliates, subsidiaries, parent company, and other related companies ("Us", "We", or "Marley Natural"). These are the terms of use ("Terms of Use") for your use of services or features on MarleyNaturalShop.com (the "Site"). You may be accessing our Site from a tablet, computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

We also like to interact with you on third party sites where we post content or invite your feedback, such as

  • https://www.facebook.com/MarleyNatural,
  • https://twitter.com/MarleyNatural,
  • www.instagram.com/marleynatural,
  • https://www.youtube.com/user/MarleyNaturalTV ("Third Party Sites").

Our Terms of Use and other areas of our Site provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our services, including services that involve Third Party Sites, but Marley Natural does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Marley Natural does not own or control, or to the actions of people that Marley Natural does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using the Site, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in Marley Natural’s sole discretion. If Marley Natural decides to change these Terms of Use, We will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

CANCELLATION DUE TO PRICING ERRORS

We may screen sales and purchases for signs of mathematical errors or digital pricing errors, which may result in automatic cancellation of your invoice or sale. If your transaction is cancelled in error, please contact us and we may reinstate your purchase, in our sole discretion.

MARLEY NATURAL PRODUCTS

The products displayed on the Site can be ordered and delivered only within the U.S. and its territories. See the Shipping section of the Site for more information. Marley Natural products displayed on the Site may be available in select Marley Natural retail stores in the U.S. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented by Marley Natural is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely online stores for specialty body care products [and accessories]. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions.

The products available on the Site are for your personal use only.

All products are copyrighted works owned by Little Bay, Inc. All rights reserved. No product displayed on the Site may be duplicated, reproduced, modified, and/or distributed, in whole or in part, without the express written consent of Little Bay, Inc. “Marley Natural” is a trademark of Marley Green, LLC, in the United States and other countries.

We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that Marley Natural in its sole discretion.

Given the popularity of our products, and except where prohibited by law, We may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.

ACCESSORIES

By using the Site, you agree to represent that you are 18 years old or older and that any purchases of accessories that you make based on are intended for use with tobacco and legal herbs only

VIEWING INFORMATION

While Marley Natural makes every effort to accurately display the colors of packaging and products, the actual colors you see when your products arrive may vary because the colors shown on this Site are computer simulations or photographs of the Marley Natural products.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site including the submission of product ratings and reviews and all other data, profile information, photographs, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site.

THIRD PARTY CONTENT AND THIRD PARTY SITES

Marley Natural may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Marley Natural does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Marley Natural and such third party. Marley Natural does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Marley Natural is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Marley Natural, do not necessarily reflect the views of Marley Natural.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MARLEY NATURAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MARLEY NATURAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

MARLEY NATURAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Marley Natural (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

The Site is created and controlled by Marley Natural in the State of New York. New York laws will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

If you believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please provide our legal department with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) your written statement that you have a good faith belief that the arguable use is not authorized by the copyright owner, its agent, or the law; (vi) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our legal department can be contacted as follows: Legal Department, Little Bay, Inc., 149 Bowery, 3rd Floor | New York, NY 10002; Attn: Legal Department; and email: legal@marleynatural.com

GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any claim or dispute between you and Marley Natural that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in the state or federal courts located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts, and consent to extraterritorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Marley Natural's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MARLEY NATURAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.