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TermS of service

Nueby ("we", "us", or "our") makes available the content and the purchasing of its products through its website www.nueby.com ("Site") subject to the following terms and conditions, our Privacy Policy, which is available on our Site, and other terms and conditions which may be located on our Site and/or in connection with certain functionality, features or promotions (collectively referred to and incorporated with these terms and conditions as, the "Terms"). You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site or register on the Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

Products are for Personal Use

The products and services available on the Site, and any samples provided, are for personal use only. You may not sell or resell any of the products or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that we believe may result in the violation of our Terms.

Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site, such as order processing, shipping and handling, returns and exchanges, and sales tax, click here.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

frame or utilize framing techniques to enclose the Site or any portion thereof;

use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license, or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;

make any use of the Site or any Content other than for personal use;

modify, reverse engineer or create any derivative works based upon the Site or any Content;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

"stalk" or otherwise harass, including advocating harassment of another in any way;

violate any applicable local, state, national or international law;

transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, or any form of "spam."

We grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in these Terms without prejudice to any other remedy provided by applicable law or these Terms.

Your Obligations and Responsibilities

By accessing or using the Site or any Content, you agree that you will comply with these Terms and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.

Your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been any unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username, and/or password or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent, you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide that it would be in our best interest to do so.

Third-Party Links

We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or partners of the referenced content, product, service, or supplier. Your use and access to these third-party websites are at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.

Special Features, Functionality, and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes, or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by third parties or by us. If so, we will notify you of this, and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Intellectual Property. All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth in these Terms, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

User Content

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on this Site or on any of our third party social media platforms such as Facebook, Instagram or other social media pages where we promote our products and services, in any manner (“User Content”), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site, and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others..

Deletion of User Content

If you wish to delete certain of your public User Content on the Site, please contact us by email at support@nueby.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

Copyright Infringement Notices

We are committed to complying with U.S. copyright and related laws and require all users of this website to comply with these laws. Accordingly, you may not use this website to store any material or content or disseminate any material or content in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on this website, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending our authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon our receipt of a satisfactory notice of claimed infringement, we will respond expeditiously either directly or indirectly: (i) to remove the allegedly infringing work(s) accessible through this website; or (ii) to disable access to the work(s). It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to this website for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers or which we, in our sole discretion, believe is infringing these rights. We may terminate access to this website at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to us. Upon our receipt of a counter-notification that satisfies the requirements of DMCA, we will provide a copy of the counter-notification to the person who sent the original notification of the claimed infringement and will follow the DMCA's procedures with respect to a received counter-notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to support@nueby.com or via U.S. Mail:

Nueby
Attn: Designated DMCA Agent
9878 W Belleview Ave
Denver, CO 80123

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter-notification with our designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Disclaimer of Warranties; Limitation of Liability

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold us, our affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of New York as if the Terms were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site, these Site Terms, shall be submitted to confidential arbitration in New York, and you agree to submit yourself to the jurisdiction and proceedings thereof. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitrable shall be submitted to the arbitrator for decision.

You agree that any arbitration or proceeding shall be limited to the Dispute between you and us individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures, and other communications (collectively, "Notices") to which these Terms refer from us electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@nueby.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to the receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

General

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation.

Shipping Times

Shipping times may vary and it may take up to 30 business days for orders to arrive due to rare occasions like holidays and unexpected natural and political events. By making a purchase on this website you agree to not file a chargeback or a dispute for any reason within 30 business days of making a purchase. You agree to send us an email to support@nueby.com to resolve any payment issues you may encounter with us and you agree to wait 30 business days before contacting your bank, payment transaction processor, or payment gateway to file a chargeback or a dispute. You agree to be liable for damages and business losses due to chargebacks or disputes made by you within 30 business days of your purchase, and you also agree to appear in small claims court and be liable for our attorney's fees. If your order or products fail to arrive and you have evidence that you've reached us via the email mentioned above and we did not get back to you or help you with a return or a refund request within 30 business days of your purchase, you may file a dispute or a chargeback with no liability.

Nueby is not responsible for lost, stolen, and undelivered packages confirmed to be delivered to the address entered for an order. Upon inquiry, Nueby will confirm the delivery to the address provided, date of delivery, tracking information, and shipping carrier information for the customer to investigate.

If you have any questions regarding these Terms, please email us at support@nueby.com.

Updated: These terms are effective as of 4/17/2018.