Terms and Conditions
The following terms and conditions of use and purchase of products ("Terms") of the Nually ("The Website''), are applicable to the access and use of the website (including versions optimized for viewing on a wireless device or tablet), as well as contains conditions of purchase on the "Products'' marketed on it and any other product or service online. If you decide to enter the website you accept these "Terms", on the contrary if you do not agree, do not access or use "The Services'' offered by "The Website", or buy "Products'' sold by it.
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
1. ACCEPTANCE.These "Terms" do not alter the terms or conditions of any other agreement you may have with "The Website" for products, services or otherwise. If you access or use our "Services" or purchase our "Products" on behalf of another person or entity, you represent and warrant that you are authorized to accept these "Terms" on behalf of such person or entity, and that such person or entity will be liable to "The Website" if you violate them. Nor do they alter the conditions and terms set forth and detailed in each packaging of the products sold.
2. RESPONSIBILITY FOR USE. You are solely responsible for your behavior while using "The Website", therefore your use will not violate any law or constitute a tort, therefore you may not:
- Send advertising, promotional material, notifications, spam, junk email, chain letters, pyramid schemes, collect email addresses or contact information of other users for the purpose of sending messages or notifications;
- Use robot, iframe, spider, crawler, scraper or other means of automated interface and not authorized by "The Website" to access the use of services and purchase of the "Products", in order to send content, display advertising or add any type of content.
- Omit the notifications and instructions contained that "The Website" can send or use by computer or programming means it deems, understanding that "The Website" does so in order to keep you updated on the "Products", as well as any major changes in the content of services and "Products" offered and for this term and conditions of use.
- Use the services of "The Website" to adversely affect other users to fully enjoy the services or any action that may disable, overload or damage the internal functioning of "The Website".
- Access "The Website" and make use of its services through another account other than the one assigned and configured by you.
- Develop any third party application that works or interacts with the content and users of "The Website" for individual purposes and without express authorization from "The Website".
- Use "The Website" to encourage or invite any illegal activity within the same or any other action that violates these "terms".
- Be part of, exercise, invite any conduct unseemly, defamatory, discriminatory, hateful, abusive, lewd, obscene, dangerous or objectionable within "The Website".
3. ACCESS. By accessing "The Website", using the services and acquiring the "Products" of the same, you represent and warrant that:
- You are 18 years of age or older.
- You have not previously been suspended or removed from "The Website", nor have you engaged in any activity that could result in suspension or removal from our Services.
- You will have full power and authority to agree to these "Terms" and, in doing so, will not violate any other agreement to which you are a party.
In order to use all or some of our services and purchase our "Products", you may or may not register for an account. If you do so, you agree to the following:
- Provide accurate, current, complete and truthful account information.
- Update your account information when there is a material change to be made in order to maintain its accuracy and completeness.
- Not to share or disclose your password and to limit your use of and access to the account to your personal computers or mobile devices.
- Accept and be responsible for any and all activities that occur under your account and at the same time accept the risks of unauthorized access.
The user can decide not to register to use our services and acquire our "Products", if he/she does so, then he/she will not be protected to exercise the rights and protection that the present "Terms" provide to "The Parties", except those that correspond by Law.
4. INTELLECTUAL PROPERTY AND LICENSE LIMITATIONS.The User acknowledges and accepts that the information published or contained in "The Website" generated by Nually, by the suppliers or by its commercial allies will be clearly identified in such a way that it is recognized as coming from Nually, the suppliers or the commercial allies. In the event that any User or third party considers that any of the contents that are or will be introduced in "The Website" violate their intellectual property rights, they must send a notification to Nually and follow the provisions of the Intellectual Property Policy, to the e-mail address firstname.lastname@example.org, indicating for this purpose the following:
- The personal data, that is to say: name, address, telephone number and e-mail address of the claimant holder of the protected rights or of its legal representative and means of contact to receive notifications;
- The autograph signature or electronic signature and/or advanced electronic signature with the personal data of the holder of the intellectual property rights or his legal representative;
- Identify the content of the claimed infringement by indicating precisely and completely the content(s) protected by intellectual property rights allegedly infringed, as well as its location or electronic location on "The Website";
- Manifesting the interest or right with respect to the copyright;
- An express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the allegedly infringed intellectual property rights;
- An express, clear statement by the complainant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of the complainant's intellectual property rights.
All content and materials offered by "The Website", including its services, Nually logo, designs, graphics, images, programming, software, document files, sound files, advertising information, notifications, templates are the exclusive property of Nually.com and are protected by the copyright and intellectual property laws of the United States of America through the Lanham Act, among other laws. Consequently and exclusively subject to these "Terms", "The Website" grants you a limited use of the license which is non-exclusive, non-transferable and indivisible, to access to use "The Services", in addition this limitation of license is revocable at any time by "The Website" and does not include the right to the following:
- Modify the use of "The Services" and purchase of "The Products",
- Compile and use images or descriptions.
- Distribute or resell publicly any material or product purchased through the platform.
- Sell or resell "The Services" and "Products".
- Use robots to extract data or content from "The Website".
- Download any material from "The Services" and/or "Products" or information contained therein.
"The Services" and "Products" may include third party software not related to the intellectual property or copyright of "The Website", therefore are subject to these "Terms" separately and shall govern such software components.
The use and content of all material that exists in "The Website" is limited to its exclusive internal use and for the purpose for which it was created, therefore its use is conditioned to the exercise of these "Terms"; therefore if you violate any of these conditions or generally revokes then the limited use of the license granted above. Unauthorized use may violate applicable laws, including trademark, copyright and other laws and regulations. No additional rights are granted, therefore no license to intellectual property rights, whether by estoppel, implication or otherwise, may ever be construed in these "Terms" as a grant of license to intellectual property rights.
Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these "Terms" shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Any names contained within our website Nually and/or in "The Services" and/or "Products" offered by "The Website" may not be copied, imitated in parts or in whole without prior written permission from "The Website" or the author of the corresponding trademark.
The user interface and user experience and in general all graphic and design content of "The Website" may not be copied or used.
5. ACCOUNT REGISTRATION AND USE. In order to access "The Services" and purchase "Products" offered by "The Website" it is necessary for the user to register, providing Nually with the data required for registration. Therefore and consequently the user:
- Accepts and acknowledges that the data provided are truthful and correct and if such information is erroneous, inappropriate or false to "The Website" then it will lead the user to make a thing or to obtain an undue profit and would be committing an illegal conduct for which Nually reserves the right to initiate the relevant actions of the case if it would merit them.
- Respond under faithful compliance to tell the truth, the authenticity of the information provided to "The Website", exempting it from any information provided by the user incorrectly and / or fraudulently or when it has no legitimacy or right to do so.
- You choose to provide your personal information to "The Website" and therefore is solely responsible for the accuracy and reliability of it.
6. INTERACTION ON "The Website". The user using the channels of customer service, product experience (reviews), suggestions and complaints, may not upload, post, transmit, distribute, store the following:
- Content not appropriate for the consideration of "The Website".
- Promotions or advertising campaigns, political or otherwise.
- User's personal content such as address, telephone, personal identification number, social security, credit cards or emails among others.
- Content infringing patents, trademarks, trade secrets, trade secrets, copyrights of any third party outside "The Website".
- Data or computer material with viral, corrupt, destructive or disruptive content.
- Content that encourages the commission of a crime, violates the rights of parties, violations of state, federal, national and international laws.
- Obscene, indecent, lewd, lascivious, indecorous, pornographic and illegal content or otherwise objectionable to "The Platform and infringes on the physical and emotional integrity of users.
Nually is not responsible for any content posted by the user or any third party nor for any loss or damage to such content, therefore the user understands and agrees that he/she is solely responsible for the use of "The Services" and the purchase of the "Products" and uses and acts at his/her own risk and consequences that may arise.
"The Website" does not claim or control the content that the user publishes unless expressly stated through an agreement between the parties, therefore if you send or publish content, you grant "The Website" a global, non-exclusive, perpetual, irrevocable, royalty-free, fully paid and sublicensed license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform and display its user content in any media format and channel now known or later developed without compensation of any kind to the user, including in connection with the marketing and promotional activities of "The Website".
Also "The Website" reserves the right to review the authorship of the documents uploaded, submitted or published by the user in order to determine any ownership rights over the same.
The user represents and warrants that: the content posted is not confidential, owns the copyright, is not misleading or harmful content and will not violate the "Terms" as well as any applicable laws, regulations or third party rights.
If "The Website" finds that any user interaction on the same contains harmful information or images, illegal or contrary to morality and decency, then "The Website" reserves the right to remove them without user authorization.
7. CONTENT NOT CONTROLLED. "The Services" and "Products" sold and offered by "The Website" may contain links to third party websites or third party content, operated by third parties such as advertisements, promotional offers, social networks which "The Website" has no control, rights or limitations, therefore does not guarantee such content nor is responsible for its accuracy or be obliged to review such content. The user enters with full knowledge and at your own risk of third party content and exempts "The Website" from liability. "The Website" is not responsible for any loss or damage of any kind incurred as a result of such dealings or promotions or as a result of the presence of such third party content on "The Services". When you browse away from or leave "The Website", you understand that the "Terms" no longer govern and that the terms and conditions of third party websites will now apply. You should review the applicable terms and policies, including privacy and data collection practices, of any third-party website.
8. OUR PRODUCTS. By logging in and using "The Website", you will find in our services and technological tools a number of "products" and food supplements owned by Nually, as well as literature on nutrition, health and good living.
9. COMMUNICATIONS.If you create an account on "The Website", you agree to receive electronic communications containing advertising services, price updates, promotions and others. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notice, agreement, disclosure or other communication we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys and other news and information that we believe will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications. Such unsubscribe channels can be found in the communications sent.
10. PRODUCT PURCHASE CONDITIONS: "Products" means all physical items that "The Website" publishes for sale on its website.
All functions, content, specifications, "Products" and prices of the "Products" and Services described or represented on this website, Nually, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for practical purposes only. Nually and its service providers who operate this web site pursuant to agreements with Nually, make all reasonable efforts to accurately display the attributes of the "Products", including applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any "Product" or "Service" on this website at any particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to determine and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any items purchased from this website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
"The Products" marketed on "The Website" are the property of Nually, for which we guarantee the characteristics described in each of them. They are not sold or distributed by another main seller. Therefore, the sale and distribution of the products sold by Nually, through any other digital or physical media, social networks or ecommerce platforms, without the authorization of Nually, is prohibited.
10.1 SOFTWARE OR E-BOOKS. We may make software or e-Books available for you to download or use. Such software or eBooks will be subject to the terms of the accompanying license agreement. If the software or eBook is not accompanied by a license agreement, the following license, in addition to the other terms of these Terms and Conditions, will govern your use of such software or eBook. We grant you a personal, non-exclusive, non-transferable, limited license to install the software or download an e-book on a single computer. The software and/or e-book are protected by copyright and other intellectual property laws and treaties and are the property of us or our suppliers. You may not:
- Copy, sell, redistribute, rent, lease or otherwise transfer the software or e-book or any of the limited rights you receive hereunder;
- Incorporate it or any part of it into another product;
- Reverse engineer, decrypt, decompile or disassemble the software or otherwise attempt to obtain the source code or underlying ideas or algorithms of the software or any part thereof, including, without limitation, any application or widget (except as expressly permitted by law);
- Export, re-export, transfer and/or release the software, related technology, or any product thereof, for any prohibited end use, or to any prohibited country, entity or person (wherever located), without proper authorization from the U.S. government and/or foreign government;
- Modify, translate, adapt or create derivative works of the software or eBook or any part of the software or eBook in any manner or remove any proprietary notices in the software or eBook. You agree to comply with all applicable laws and regulations in connection with your use of the software or e-book. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you turn off the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or stop working.
10.2 RESALE AND DISTRIBUTION PROHIBITED. The "Products" purchased or obtained on "The Website" are prohibited for resale, in the event that a user decides to carry out the resale of the "Products" purchased on "The Website", then Nually reserves the right to take all measures it deems necessary to address such infringement, including, but not limited to, legal action and the requirement to repair the damage and prejudice generated by the resale of the "Product".
11. HEALTH-RELATED INFORMATION. The information contained on the Website is provided for informational purposes only and is not a substitute for advice provided by your physician or other health care professional. You should not use the information available on or through the Website to diagnose or treat a health problem or disease, or prescribe any medication. Information and statements about dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. You should carefully read all product packaging before use. Being 'Products' for human consumption prepared with natural components and nutrients, these 'Products' may not be sold or distributed by any dealer not authorized as a distributor by Nually. For safety and consumer guarantee reasons, in case of any return of the product and refund of the money paid, this will be done once the returned product is received and following the return policies. Nually may limit the number of units sold to the same user unilaterally, if it observes that the use of the "Products" is not being for simple personal use.
12. ACCURATE INFORMATION.We try to ensure that the information on "The Website" is complete, accurate and up to date. Despite our efforts, the information contained on this website may sometimes be inaccurate, incomplete or out of date. We do not guarantee the completeness, accuracy or timeliness of the information on this website. For example, "Products" included on this website may not be available, may have different attributes than those listed, or may be priced differently than those listed on this website. In addition, we may make changes to pricing and availability information without notice. While it is our practice to confirm orders by email, receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity of any product or service and/or refuse service to any customer. We may also require verification of information prior to acceptance and/or shipment of any order.
13. PRICING. For all charges or deposits for events, "Products" and/or services ordered by you on or through "The Website", Nually or its suppliers or agents will bill your bank card or alternative payment method offered by Nually and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our suppliers, you represent to us that you are the authorized user of the bank card used to pay for the products and services. You are responsible for the purchase and payment of charges for all Internet access and telecommunications services necessary for use of the Website. You understand that we will retain and store such bank card or payment information to facilitate payment and deposit, damage reimbursement and other liability purposes in accordance with our Privacy Policies.
14. TRANSACTIONS. "The Website" may be used to facilitate the user to obtain "Products" for personal care, health and supplements and to facilitate payment for such services with the intermediation of a third party payment handling operator.
Nually declares that for the management offered, share information with third party service providers and therefore you disclaim all liability for any problem or dispute, lawsuit, claim, injury, loss or damage arising out of or related to disputes of this nature. By using the services of "The Website”, the user is consenting to provide certain information relevant to obtaining the service such as, credit card number, billing address. Therefore the user declares and thus guarantees the following:
- He/she has the legal right to use such credit card information or other payment methods.
- The information is true, correct and complete and was not obtained fraudulently.
15. REFUND AND RETURNS. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address meets the shipping requirements contained in "The Website". All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Some jurisdictions may provide additional legal rights. Nothing herein is intended to limit your rights of return or cancellation under local laws.
In the event that the user is not satisfied with the "product" purchased, and wishes to return it for a refund, then the following policy applies:
You may return most new, unopened "products" within 60 days of delivery for a refund. We will also pay the return shipping costs, provided the return is the result of an error by "The Website" which are and are listed below:
- "Product" shipped differently from the one purchased.
- "Product" defective in its packaging or container.
- "Product" expired or about to expire according to the corresponding label on the packaging or container.
You should expect to receive your refund within four weeks of delivery of the package to the shipper, however, in many cases you will receive a refund sooner. This time period includes the transit time for us to receive your return from the sender (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, please contact us at the following email address email@example.com, with your order number and details of the product you wish to return. We will respond promptly with instructions on how to return the items in your order.
15.1 ADDITIONAL REFUND AND RETURNS TERMS AND CONDITIONS.
Shipping and handling charges, gift wrap fees are not refundable. You are responsible for and must prepay all shipping charges and you assume the risk of loss or damage to the returned Product(s) while in transit back to Nually. If you return Product:
- Without a return authorization from Nually or
- Without all parts and accessories originally included with your purchase, Nually retains the right to either refuse acceptance of such return.
15.2 NON RETURNABLE ITEMS:
- Gift cards
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
15.3 SITUATIONS WHERE ONLY PARTIAL REFUNDS MAY BE GRANTED:
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 60 days after purchase.
15.4 REFUNDS. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a few days.
15.5 LATE OR MISSING REFUNDS. If you haven’t received a refund yet, please check your bank account and if certain, please email us at firstname.lastname@example.org or call us directly. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us again
15.6. EXCHANGES. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@Nually.com, and we will provide you further instructions on where to return the item for an exchange. Please note that we cannot accept exchanges beyond 60 days from the date of delivery.
15.7.GIFTS. If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. If you still have questions about your return, please contact customer service at email@example.com.
16. SHIPPING. We can ship to virtually any address in the world. Please note that there are restrictions on some products, and some products cannot be shipped to international destinations. When you place an order, we will calculate shipping and delivery dates based on the availability of the items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
17. AFFILIATE PROGRAM. Our website Nually may offer users an affiliate program which is governed by these regulations and the user agrees by these "Terms" to be bound by these regulations.
- Nually will make available to the user a Link generator in which you must enter your affiliate ID and tracking ID, in order to obtain a personalized Link which will be used to track your activity.
- All affiliate advertising must NOT include content that is misleading, deceptive, misleading, false, unsubstantiated or does not comply with federal and state consumer protection laws, regulations and guidelines.
- All Affiliates (regardless of their country of domicile) must comply with all applicable laws, regulations and guidelines, including, without limitation, the Federal Trade Commission Act ("FTC Act"), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"), the Federal Trade Commission ("FTC") regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC Guides regarding the use of endorsements and testimonials in advertising ("FTC Testimonials Guide"), decisions of the National Advertising Division of the Better Business Bureau, and other federal and state consumer protection laws, regulations and guidelines.
- Affiliates are NOT allowed to use ANY before and after photos from Nually or user testimonials in their promotions. Affiliates are also NOT allowed to run ads on Google Adwords (or any Google property), bid on keywords based on Nually, use the term "Nually" in any pay-per-click ads, use any terminology in ads or landing pages that are similar to "scam" or "fraud", or create incentives for customers for purchasing Nually (through cash rebates or third party bonus offers - NO BONUS!).
- Affiliates must NOT use images or videos that are not their own (including Nually sales videos - in whole or in part), and use of any images that imply a personal endorsement (celebrity or otherwise) is prohibited without written consent from both the individuals making the endorsement.
- Affiliates are prohibited from creating web pages, social media pages or accounts that misrepresent themselves as the creators or owners of Nually and must make it clear that the page is a REVIEW page and that you are being compensated for the review. Therefore, any page and all creative contained therein must include the word "REVIEW" in the title, url and any graphics used in the cover image or profile image. This includes blogs, websites, Facebook, Twitter, YouTube or ANY OTHER online entity, whether or not it is considered "social media".
- Affiliates may not post or distribute press releases on Nually in any manner, or on any press release platform, website, in print media or any other press release service.
- It is strictly prohibited to create applications for sale or giveaway using the Nually brand.
- You are not allowed to create any other products using our brand, for sale or for giveaway (in other words - no free reports, books, training, or apps with our brand at all). In short, do not represent a product created by you or someone hired by you as ours.
- You are not allowed to promote Nually on retail sites, auction sites, or app stores such as Amazon, eBay, Google Store, iTunes, or any other site that falls into these categories, in any way, shape, or form (this includes products created by you or us). Also, selling products branded with Nually on Craigslist, Kijiji, or any other classified ad network is prohibited.
- Affiliates may not bypass the Nually pages to generate orders. In other words, you cannot link directly to the cart or order forms from any ad or landing page. The customer must see our offer as presented by us before landing in the cart.
- Affiliate agrees to indemnify, defend and hold harmless Nually from any suit, investigation, claim or complaint arising out of any violation or alleged violation of the above terms. Nually shall not be responsible for approving any Affiliate's advertisement. Compliance is solely that of Affiliate and Affiliate represents and warrants that it will have a legal review of all Affiliate Advertisements for all necessary and required compliance. Affiliates assume full responsibility for their advertising.
- Any violation of any of the Affiliate Program provisions contained in this Section 17 will result in immediate termination from the Affiliate Program and the Nually website without hesitation, and will not be eligible for reinstatement.
- Links referenced in these terms do not imply any endorsement by Nually of such websites or the content, products or services available on such websites. By clicking on or accessing a third party website referenced in this message, you acknowledge sole responsibility for and assume all risks arising from your use of such websites.
18. LIABILITY. Any and all liabilities and conditions, both express and implied, in connection with the services and information contained or available on or through "The Website", including, without limitation:
- The availability of use of "The Website", due to technical problems attributable to communication systems and data transmission.
- The absence of viruses, errors, deactivators, or any other contaminating material or with destructive functions in the information or programs available on or through "The Website", or, in general, any failure in "The Website".
- Notwithstanding the foregoing, Nually or its suppliers may update the content of "The Website" constantly, so the user is asked to take into account that some information advertised or contained in or through "The Website" may be outdated or contain inaccuracies or typographical or spelling errors.
19. LIMITATION OF LIABILITY. Neither Nually, nor its directors, employees, partners, agents, suppliers or affiliates, shall be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill or other intangible losses to the benefit of the user or third party, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of a third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not you have been advised of the possibility of such damage, and even if it is determined that a remedy set forth herein has failed of its essential purpose.
We reserve the right, but are not obligated, to limit sales of our "Products" or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All "Product" descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on "The Website" is void where prohibited.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH "The Website" ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NUALLY NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH "The Website". THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER NUALLY NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY OBLIGATION TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE CHECK YOUR LOCAL LAWS FOR SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH "The Website" ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURES, CLAIMS ARISING FROM NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, FAILURE TO COMPLY WITH ANY CODE OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" UNDER THE MAGNUSON-MOSS FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CHECK LOCAL LAWS FOR SUCH PROHIBITIONS.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST NUALLY, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR TRANSMITTING THIS WEB SITE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF "The Website". IN NO EVENT SHALL NUALLY, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR TRANSMITTING "The Website", BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF "The Website", ANY WEBSITES LINKED TO THIS "The Website" OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CONSULT LOCAL LAW FOR SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH "The Website" OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING "The Website". IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES YOU HAVE PURCHASED ON OR THROUGH "The Website", YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO THE MANUFACTURER OF SUCH PRODUCTS OR THE PROVIDER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR PROVIDER'S WARRANTY, OR TO REQUEST THE RETURN AND REFUND OF SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURN AND REFUND POLICIES POSTED ON THIS WEBSITE.
20. FORCE MAJEURE. Neither party shall have any liability for any failure or delay in delivery, resulting from any condition beyond such party's reasonable control, including, without limitation, governmental actions or acts of terrorism, earthquakes or other acts of God, labor conditions and power failures.
21. EXCLUSIONS. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in some territories.
22. DISPUTE RESOLUTION. In the event that you wish to file a dispute or controversy over the purchase of the product or rights to the product, you agree that:
Any dispute must be initiated by "The User" within 3 months immediately following the date on which the sale occurred, otherwise the dispute shall have no legal basis for resolution.
22.1. ARBITRATION. In the event that a dispute is not to satisfy an injunction or equitable relief for infringement of the intellectual property, copyright, trademark, logo, trade name, trade secret and/or patent regulations set forth in these "Terms"; then the User and Nually agree that:
- Waive to dispute any controversy, dispute or claim of the present "Terms" by an ordinary court and waive the rights of a jury.
- Arbitrate disputes by binding arbitration.
- The Federal Arbitration Act 9 USC § 1, hereinafter FAA, shall substantively and procedurally govern this Section 17 et seq. with respect to arbitration.
The rules of the American Arbitration Association AAA are posted on its website at the following address https://www.adr.org/Rules and you the user by acceptance of these "Terms" also agree:
- That you have read and understand the AAA Rules, or.
- You waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
23. TERMINATION. "The Website" reserves the right to terminate your license to access and use "The Services and products offered" by "The Website" without notice and in its sole discretion.
24. CHANGES. "The Website" reserves the right, at its sole discretion, to modify or replace these "Terms" at any time. If a revision is material, we will provide at least 30 days' notice before the new terms become effective. What constitutes a material change will be determined in our sole discretion. If you continue to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
25. SEVERABILITY. If any provision of these "Terms" shall be deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these "Terms" and shall not affect the validity and enforceability of any remaining provisions.
26. CALIFORNIA USERS NOTICE. Pursuant to California Civil Code Section 1789.3, users of our Services in California are entitled to the following notice of consumer rights: The Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd. Market Blvd, Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.
27. FINAL PROVISIONS. These "Terms'' constitute the entire agreement between "The User" and "The Website" in connection with your access to, use of "The Services" and purchases of products therein. These "Terms'', and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Nually. No waiver of any provision of these "Terms" shall constitute a waiver of such provision in any prior, concurrent or subsequent circumstances, and Nually’s failure to assert any right or provision under these "Terms" shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these "Terms" are intended solely for the benefit of "The Parties'' and are not intended to confer any third party beneficiary rights.
28. PAYMENT PROCESSING TERMS AND CONDITIONS.By making any payment transaction through "The Website", the User agrees to the terms and conditions of the third party payment service providers used by "The Website". The user acknowledges and accepts the following terms and conditions of third parties indicated below:
29. THIRD PARTY TERMS AND CONDITIONS PAYMENT SERVICES. Nually processes payments electronically and may use third party financial operators and, by accepting these “Terms'' the user also accepts the manner in which their electronic payments will be processed.