Terms of Service
Welcome to NylaLauren.com (“Site”, “Website”), an online publication and service (“Service”) of The Nyla Lauren Company (“We”, “Us”, “Our”, “Company”). The following are DBAs, brand, trademark, service-mark, and/or trade dress (collectively, “Mark” or “Marks”) of The Nyla Lauren Company (“We”, “Us”, “Our”) and its affiliates:
- Nyla Lauren
- Nyla Lauren Lately
- The Nyla Lauren Co.
- Nyla Lauren Co.
- NLCO
- nylalauren.com
The information, rules and regulations contained herein (“Terms”, “TOS”) apply to all visitors to or users of this Website and all users and recipients of products and services we provide (“Services”). By your visit or use of the Site and/or your purchase, use or receipt of Our Services (“Activity”, “Activities”), you accept and agree to be bound by these Terms, which may be modified by Us at any time and posted on the Site. By your Activity on the Site, you certify that you are 18 years of age or older or that you have received express consent from your parent(s) or legal guardian(s) for your Activity. If you are under the age of 18, you may use this Website only in conjunction with a parent or legal guardian who agrees to be bound by these Terms. All billing and registration information provided by you on this Website must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms.
We may from time to time change the TOS that govern your Activity. Your Activity at the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. We may change, move or delete portions of, or may add to the Site from time to time.
In the event of a violation of these Terms, We reserve the right to seek all remedies available by law and in equity.
Trademarks & Copyrights
Our Marks and all of Our associated logos or images are intellectual property of The Nyla Lauren Company by registeration and/or common law. All other commercial and non-profit entity names, and all other brands, trademarks, service-marks, trade dress, and other intellectual properties are the property of their respective owners. We disclaim any proprietary interest in any intellectual property other than Our own. We and Our affiliates retain all rights regarding Our Marks. No use of our Marks may be made without Our prior written express authorization, except as necessary to accurately identify Our products or Services.
The Site and all of its materials, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Materials are provided by Us as a service to Our current and prospective users and may be used only for personal information and receipt of Service and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in Our Materials is conveyed to you. This is a limited license, not a transfer of title to Our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit Our Services, this Website or any of its Materials without Our prior written express permission; (b) you may not access or use the Site or use or receive Our Services for any competitive or commercial purpose; and (c) you will not permit any copying of Our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Us. Misuse of Our Marks and/or copyrighted Materials displayed on the Site is strictly prohibited.
You are advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
3rd Party & Unauthorized Use
We have a no-tolerance policy regarding third-party use of Our Marks or Materials in metatags, hidden text or ad keywords. More specifically, the unauthorized use of Our Marks or Materials in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to any web page on the Site is prohibited absent Our written express permission. Framing, inline linking or other association of the Site or its Materials or Our Marks with links, advertisements and/or other information not originating from the Site is expressly prohibited.
Notice for Infringement of Intellectual Property
We do not permit any Activity or content on the Site that infringes on the intellectual property of others, including, without limitation, copyright, trademark, or patent. If you are the owner of an intellectual property or an agent for such owner and believe that any Activity or content on the Site infringes upon your rights, you may notify Us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- A clear and concise Identification of the intellectual property right being infringed;
- Identification of the content that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Us to locate the same;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the intellectual property owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed
Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail
The Nyla Lauren Company
Attention: Legal Service, Site #NLCOB805
5000 US Highway 17 S, #651
Fleming Island, FL 32003
By Email
legal@nylalauren.com
If you fail to comply with any or all of the requirements above, your notice may not be valid.
Prohibited Usage of the Site & Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including Us and Our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in Our judgment, restricts, impairs, interferes or inhibits any other user from Activity, the Site and/or Our Services.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Site, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Site’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Our system or network security using any of the means above may result in civil and/or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Website. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Us and other than generally available third party web browsers (e.g., Google Chrome, Safari, Internet Explorer, Mozilla Firefox, etc.).
In addition to any remedies that We may have at law or in equity, if We determine, in Our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
User Accounts
At Our sole discretion, We may limit or permanently terminate your account if your Activity infringes another’s copyright, for egregious or repeated infringing conduct or for any other reason or no reason. We may take such actions at any time without notice.
Account Security
You are responsible for the personal protection and security of any password or username that you may use to access the Site, Our Services and/or perform Activity. You are responsible for all direct or indirect damages and liable for all Activity that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Us.
Our Communications to You
You agree that We may send electronic mail or other electronic communication, including, without limitation, comments, text messages (“SMS”) and social media messages to you for the purpose of advising you of changes or additions to the Site, about any of Our Services, or for such other purpose(s) as We deem appropriate.
You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
User Privacy
We are committed to protecting your privacy. We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to protect the privacy of your information from unauthorized third-party access. To learn how We collect, use and disclose your information, please consult Our Privacy Policy.
Contests & Promotions
Any contests or promotions described or posted by Us shall be governed by the rules regulating such event.
Product, Services & Content
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for your convenience only. We make all reasonable efforts to accurately display the attributes of Our products and services, including the applicable colors. However, the actual color you see will depend on your computer system and other factors outside of Our control, and We cannot guarantee that your computer or these factors will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. The preceding statement regarding product and service availability supersedes any and all statements made elsewhere on the Site. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any item purchased from Us. By making a purchase, you represent that the products and services purchased will be used only in a lawful manner.
The Site, its content, product information, and any products and services advertised and/or sold on the Site or offline are intended to comply with U.S laws and regulations. If you are not a U.S. citizen or resident, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
We sell Our Services to consumers only. You shall not use the Site to purchase Our Services for retail use, resale or export. We reserve the right to immediately bar access to the Site Our Services and terminate the account of any user who violates this provision. We reserve the right to limit the sale of Our Services to any person, geographic region or jurisdiction. We reserve the right to limit the available quantities of Our Services. We may exercise these rights on a case-by-case basis at any time, without notice or reason.
No adjustments will be made on prior purchases unless otherwise permitted by Us. All product and service descriptions and displayed pricing are subject to change at any time without notice for any or no reason at Our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made by Us is void where prohibited.
Products and services displayed on the Site may be available at select retail locations, trade events, offline sales events, through authorized resellers, and external social media shops (collectively, “Channels”) while supplies last. In some cases, products and services advertised and/or sold on the Site may not be available outside of the Site. The prices displayed on the Site and at Our Channels are quoted in U.S. Dollars.
You understand that by your Activity you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree your Activity is performed at your sole risk, and that We and Our affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
User-generated Content & Submissions
We shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, videos, images, recommendations, comments, feedback, suggestions, criticism, reviews, or techniques (“User Submissions”, “Submission”) contained in any communication you send to or provide on, at or through the Site for any purpose whatsoever including, without limitation, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any compensation to or authorization by you. Unless We indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Submissions throughout the world in any media.
You understand that User Submissions may be accessed and viewed by others, including by the general public, and We do not guarantee any confidentiality with respect to any User Submissions, regardless of any privacy settings on the Submission. You are solely responsible for your own User Submissions and the consequences of their publishing.
We reserve the right to determine in Our sole discretion whether User Submissions are appropriate and comply with the Terms including, without limitation, the Prohibited Uses of the Site and/or Our Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. We do not regularly review posted comments, but do reserve the right (but not the obligation) to monitor, edit and/or remove any comments submitted. You grant Us the right to use the name that you provide in connection with any User Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any of your User Submissions.
You are and shall remain solely responsible for the content of your User Submissions, and you agree to indemnify Us and Our affiliates for all claims resulting from them. We and Our affiliates take no responsibility and assume no liability for any User Submissions submitted by you or any third-party.
Linking
Periodically, links may be established from the Site to one or more external websites or resources operated by third parties (“Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Site. None of such links should be deemed to imply that We endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access or use of any Third Party Sites is at your own risk, and We will have no liability arising out of or related to such Third Party Sites or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.
Accuracy of Information
From time to time there may be information on, at or through the Site and Our Channels that contain typographical errors, inaccuracies, or omissions. We do Our best to ensure that information We provide is factual, accurate, complete, and up-to-date. Despite Our efforts, We make no representation as to the factuality, accuracy, completeness, or up-to-dateness of any information provided by Us. We reserve the right to correct any erroneous information and to change, update or remove information at any time without prior notice or reason.
Reliability of Purchases
While it is Our practice to confirm purchases from Us by electronic communication (such as SMS or email), the receipt of such confirmation does not constitute Our acceptance of a purchase or Our agreement to an offer to sell a product or service. We reserve the right, without prior notice, to limit the purchase quantity on any product or service and/or to refuse service to any user for any reason or no reason. We also may require verification of information prior to the acceptance, shipment or delivery of any purchase. In addition, We do not permit or accept purchases from any resellers, dealers, exporters, or distributors who may resell the products or services offered by Us.
DISCLAIMER OF WARRANTY
YOUR ACTIVITY IS AT YOUR RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND – INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF INFORMATION (FURTHER DETAILED BELOW IN THE SECTION TITLED ACCURACY OF INFORMATION) PROVIDED ON THE SITE, AND WE NOR ANY OF OUR AFFILIATES OR SUBSIDIARIES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE OR CORRECT SUCH INFORMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PURCHASES MADE ON THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO CONTENT, PRODUCTS, INFORMATION, MATERIALS, AND SERVICES LISTED, GIVEN, USED, RECEIVED, OR PURCHASED ON THE SITE OR LINKED TO FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT, SITE OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT, SITE OR SERVICE MISUSE, ABUSE, PRODUCT, SITE OR SERVICE MODIFICATION, IMPROPER PRODUCT, SITE OR SERVICE SELECTION, NON-COMPLIANCE WITH ANY CODES, AND/OR MISAPPROPRIATION.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE OF OUR SERVICES OR ANY HYPERLINKED THIRD-PARTY WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IN THE EVENT OF ANY PROBLEM WITH OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES, AND YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER – IF APPICABLE, OF THE PRODUCT(S) YOU CONSIDER PROBLEMATIC, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND OF THE SERVICES IF AVAILABLE IN ACCORDANCE WITH OUR RETURN POLICY.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE NYLA LAUREN COMPANY, ITS OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR ACTIVITY OR BREACH OF THESE TERMS.
No Endorsement or Liability for User-generated or 3rd Party Content
Although third-party or user-generated content may be posted on this Website, the posting of such content does not constitute Our endorsement of the content. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated content.
Jurisdiction
The Site is controlled from Our office within the State of Florida. We do not imply that the Site or Our Services are appropriate for use outside of the continental United States of America. If you perform Activity outside of the continental USA, you do so on your own initiative and you are responsible for compliance with local laws. Our Terms shall be governed by the laws of the state of Florida, without giving effect to its conflict of laws provisions.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Us agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of your Activity, or the breach, enforcement, interpretation, or validity of these Terms – whether in whole or in part (collectively, “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days from the date of mailing to respond to the Dispute. Notice shall be sent to:
The Nyla Lauren Company
Attention: Dispute Resolution, Site # NLCOB805
5000 US Highway 17 S, #651
Fleming Island, FL 32003
Unless you indicate otherwise in your notice, We shall respond to your notice using your last-used billing address or any other address in your online profile if your last-used billing address is unavailable. In the event that We are unable to resolve the dispute with you through the method referenced above, you and Us both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the JAMS Arbitration, Mediation, and ADR Service in Florida.
Other Assistance
If you do not understand any portion of the Terms or if you have any questions or comments, We invite you to contact Our office for assistance by writing to: contact@nylalauren.com
No Other Agreements
The provisions and conditions of the Terms constitute the entire agreement between you and Us related to your Activity, the Site and Our Services, and supersede any prior agreements or understandings not incorporated in the Terms.
Revision of Terms
We may terminate, change, suspend or discontinue any aspect of the Site and/or Our Services, including, without limitation, the availability of features, at any time and without notice for any reason or no reason. We also reserve the right, at Our sole discretion, to change, modify, add or remove any portion of the Terms, at any time and without notice for any reason or no reason. We may terminate the authorization, rights and license(s) given above at any time and without notice for any reason or no reason. Your Activity following any such change constitutes your acceptance of and agreement to be bound by the Terms as changed.
Termination
The Terms and your agreement to be bound by them (collectively, “Agreement”) is effective unless and until terminated by Us. We may terminate the Agreement at any time and may do so immediately without notice. We may deny you access to the Site and/or Our Services, if at Our sole discretion, you fail to comply with any term or provision of the Agreement. Upon any termination of the Agreement, you must promptly destroy all materials, downloaded or otherwise, obtained from Us or any third party, as well as all copies of such materials, whether made under Our Terms of Service or otherwise and must cease to use the Site and Our Services.
