The following terms and conditions govern all use of the www.nuzumsnaturals.com website and all content, services, and products available at or through the Website (taken together, the Website). The Website is owned and operated by Nuzum’s Naturals Inc. (“Nuzum’s Naturals”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nuzum’s Naturals’ Privacy Policy), and procedures that may be published from time to time on this Site by Nuzum’s Naturals (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access the Website or use any services. If these terms and conditions are considered an offer by Nuzum’s Naturals, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
General Terms
By selecting a product or service, you agree to pay Nuzum’s Naturals the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.nuzumsnaturals.com links and that link to www.nuzumsnaturals.com. Nuzum’s Naturals does not have any control over those non-Nuzum’s Naturals websites and webpages and is not responsible for their contents or their use. By linking to a non-Nuzum’s Naturals website or webpage, Nuzum’s Naturals does not represent or imply that it endorses such a Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nuzum’s Naturals disclaims any responsibility for any harm resulting from your use of non-Nuzum’s Naturals websites and web pages.
Copyright Infringement and DMCA Policy
As Nuzum’s Naturals asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.nuzumsnaturals.com violates your copyright, you are encouraged to notify Nuzum’s Naturals per Nuzum’s Naturals’ Digital Millennium Copyright Act (“DMCA”) Policy. Nuzum’s Naturals will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In addition, Nuzum’s Naturals will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nuzum’s Naturals or others. In the case of such termination, Nuzum’s Naturals will have no obligation to provide a refund of any amounts previously paid to Nuzum’s Naturals.
Intellectual Property
This Agreement does not transfer from Nuzum’s Naturals to you any Nuzum’s Naturals or third party intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with Nuzum’s Naturals. Nuzum’s Naturals, www.nuzumsnaturals.com, the www.nuzumsnaturals.com logo, and all other trademarks, service marks, graphics, and logos used in connection with www.nuzumsnaturals.com, or the Website are trademarks or registered trademarks of Nuzum’s Naturals or Nuzum’s Naturals’ licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Nuzum’s Naturals or third-party trademarks.
Advertisements
Nuzum’s Naturals reserves the right to display advertisements on this Website.
Partner Products
By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Changes
Nuzum’s Naturals reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nuzum’s Naturals may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Nuzum’s Naturals may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.nuzumsnaturals.com account (if you have one), you may discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is.” Nuzum’s Naturals and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Nuzum’s Naturals nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain content or services through the Website at your own discretion and risk.
Limitation of Liability
In no event will Nuzum’s Naturals, or its suppliers or licensors, be liable concerning any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nuzum’s Naturals under this Agreement during the twelve (12) month period before the cause of action. Nuzum’s Naturals shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Nuzum’s Naturals Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. Indemnification. You agree to indemnify and hold harmless Nuzum’s Naturals, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire Agreement between Nuzum’s Naturals and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nuzum’s Naturals or by the posting by Nuzum’s Naturals of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Idaho. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled under the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed following such Rules. The arbitration shall take place in Idaho, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nuzum’s Naturals may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
