DETROIT NATURALS TERMS OF SERVICE
Welcome to the official website of Detroit Naturals. This website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this site.
Your use of this site constitutes your agreement to follow and be bound by these Terms of Service. We reserve the right to update or modify these Terms of Service at any time without prior notice. For this reason, we encourage you to review these Terms of Service whenever you use this site. If you do not agree to these Terms of Service, please do not use this site.
The prices displayed on this site are quoted in U.S. Dollars.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover; we also accept PayPal. Payments are processed through a third-party vendor. We do not have access to your account information nor do we store this information.
You may be charged local tax, if applicable. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
All sales are final. Unfortunately, given the nature of the product, we cannot accept returns. If you are unsatisfied with your purchase, in any way, please contact us at email@example.com and we will do our best to make it right.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DETROIT NATURALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DETROIT NATURALS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DETROIT NATURALS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
DETROIT NATURALS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF DETROIT NATURALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice (including after you have submitted your order).
Website Contents, Copyright, and Trademarks
Unless otherwise noted, this site, and all materials on this site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Materials"), are owned, controlled or licensed by Detroit Naturals. All rights are reserved.
This site and the Materials are intended solely for personal, non-commercial use. No right, title, or interest in any downloaded Materials is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Materials of this site.
Unless otherwise specified, this site and the Materials are intended to promote Detroit Naturals' products. This website is controlled and operated by Detroit Naturals from its offices in Southfield, Michigan, in the United States of America.
You agree to indemnify, defend and hold harmless Detroit Naturals, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site.
(a) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
(b) We will only retain personal information as long as necessary for the fulfillment of those purposes.
(c) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(d) Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
(e) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
(f) We will make readily available to customers information about our policies and practices relating to the management of personal information.
(g) You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Your use of the site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions.
Choice of Law, Waiver
These Terms of Service shall be construed in accordance with the laws of the State of Michigan, without regard to any conflict of law provisions.
The waiver of any provision of the Terms of Service shall not be considered a waiver of any other provision or of Detroit Naturals' right to require strict observance of each of the terms herein. If any provision of the Terms of Service is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Service constitute the entire agreement between us relating to your use of this site.
Detroit Naturals is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our services at firstname.lastname@example.org and/or 313-820-5069. However, if you are dissatisfied with our resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator.
(b) The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
a. Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
b. Claims that arose before these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
c. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
d. Claims that may arise after termination of these Terms of Service.
(c) For the purposes of this Arbitration Agreement, references to "Detroit Naturals", "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
(d) Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
(e) You agree that, by accessing and using this site, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
(f) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Detroit Naturals should be addressed to: Notice of Dispute, Detroit Naturals, 27777 Franklin Road, Suite 1400, Southfield, MI 48034 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Detroit Naturals may commence an arbitration proceeding.
(g) During the arbitration, the amount of any settlement offer made by Detroit Naturals or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Detroit Naturals is entitled.
(h) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Service. Unless you and we agree otherwise, any arbitration hearings will take place in Oakland County, Michigan. If your claim is for $10,000 or less, we may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
(i) Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Detroit Naturals. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
(j) Except as otherwise provided for herein, you and we agree to equally split payment for all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(k) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Service provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(l) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
These Terms of Service are applicable to you upon your accessing this site, whether your purchase of a Detroit Naturals’ product occurs through the site or outside of it. These terms are effective unless and until terminated by either you (by written notice to: Detroit Naturals, LLC, 27777 Franklin Road, Suite 1400, Southfield, MI 48304) or Detroit Naturals. Detroit Naturals also may terminate these Terms of Service at any time without notice, and accordingly may deny you access to this site, if in our sole judgment you fail to comply with any term or provision of these Terms of Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration, Miscellaneous, and Choice of Law, shall survive any termination of these Terms of Service.