Last updated November 8, 2020
By accessing and using this website, you agree that you have a responsibility to read these Terms and Conditions, and that you accept these Terms and Conditions in full, as set forth below. If you disagree with any part of these Terms and Conditions, please do not use this website.
These Terms and Conditions are subject to change by Natures Elements, LLC (The Company), at any time in its discretion. Your use of this site (dancingwithwater.com), including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
Access to this Site
You must be at least eighteen (18) years of age to use this website, including the purchase of goods or services from our store (3dcartstores.dancingwithwater.com). By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restriction for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
Use of this Site
You agree to use our website only for lawful purposes. Harassment in any manner including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law.
You may not use this site for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of the Company. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Website and Medical Information Disclaimer
This website contains general information and content about health. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. The Company makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. If you are considering making any changes to your lifestyle, diet or nutrition, you should consult with your healthcare provider before doing so. Information and statements about products referenced on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither the Company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk. The Company has no control over these linked sites, all of which have separate privacy and data collection practices. Nonetheless, the Company seeks to protect the integrity of its website and therefore requests any feedback on sites to which it links, including if a specific link does not work. Thank you.
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States, United Kingdom, and other copyright laws and is the property of or licensed by the Company; we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
“Dancing with Water”, and all other logos, page headers, custom graphics, and icons are trade names and/or service marks owned by the Company, unless otherwise indicated.
Permission is granted to electronically copy and print portions of this site for the sole purpose of placing an order or purchasing products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by a representative of the Company. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to the Company. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site. If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
Submissions; Participation Disclaimer
The Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to the Company in its sole discretion.
You agree to indemnify, defend and hold harmless the Company, its officers, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site or the store website using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Limitation on Liability
In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the Company has been advised of the possibility of such damages. No person is authorized on behalf of the Company to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sale. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
The Company shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will the Company’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
The Company makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, to the fullest extent permitted by applicable law, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and the Company expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
The Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.
Governing Law; Jurisdiction
Any disputes arising from services provided via the website shall be subject to the laws of the United States, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of products) shall be in the United States courts, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action accrues. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
You agree that in the event of any dispute between you and the Company you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to any form of legal action.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Prices and Taxes
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
Product Availability; Orders
All purchases through our website and its store are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
Shipping & Delivery
We generally ship items within 48 working day hours of our receipt and acceptance of an order. However, occasionally, due to unforeseen circumstances, there may be a delay of up to a week prior to shipment. In that event, we will advise the customer of such delay.
We fill United States orders primarily using USPS mail. If you require a guaranteed shipping option, please contact us prior to placing an order. Requests for use of a courier service or for overnight shipping cannot be processed from our store; however, we generally can accommodate these requests if you place your order by phone. If you desire a signature confirmation, please note your order will ship via USPS Priority. The Company cannot be held liable for replacing lost packages that do not have a signature requirement at time of delivery.
If a package is lost after we ship it, which does occasionally occur, The Company will not be responsible if the tracking information lists the order as “delivered,” which means the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original the Company will reship the order. Please note that the Company is not responsible for errors of courier services, or if you provide an incorrect address. It is very important that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you.
All international sales are subject to applicable U.S. and foreign export controls. By placing an order through this website or its store, you affirm that you will comply with all such applicable export controls and regulations. As the importer, you are responsible for all required permits, and authorizations. Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products and whether customs or import duties or similar charges will apply. The Company is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.