Effective as of 22 May 2020
- Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE WEBSITE OR PURCHASING ANY PRODUCTS ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using the Website or purchasing any products on the Website, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Website on behalf of that entity.
- Changes to the Terms
From time to time, Nuwelt may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the Website. All new and/or revised Terms take effect immediately and apply to your use of the Website from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of the Website after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
- Information Available through the Website
Provided as-is: You acknowledge that Nuwelt does not make any representations or warranties about the data and information which you may have access to as part of, or through your use of, the Website. Under no circumstances is Nuwelt liable in any way for any data and/or information, including, but not limited to any errors or omissions in the data and information, or for any loss or damage of any kind incurred as a result of the use of any data or information accessible through or made available via the Website.
- Registered Users
You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
Nuwelt reserves the right to modify or discontinue your account or your membership through this Website at any time for any
- Prohibited Conduct
You agree not to engage in any of the following activities:
- Violating laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by violating intellectual property, confidentiality, or privacy rights.
- Solicitation: You may not use the Website or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website, including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code.
- Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website. You may not use or attempt to use another’s account or personal information without authorization.
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUWELT MAKES THE WESITE (INCLUDING ALL DATA AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NUWELT DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA AND INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, ACCURATE, OR RELIABLE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NUWELT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE USE OF THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF NUWELT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUWELT IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY DATA OR INFORMATION POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT DATA OR INFORMATION), FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES IN CONNECTION WITH THE WEBSITE.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Nuwelt, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms and/or (b) your use of the Website.
Nuwelt’s trademarks used on the Website are the registered trademarks of Nuwelt Corporation. You may not use Nuwelt’s name, logos, or trademarks except with Nuwelt’s written permission.
Nuwelt may modify, suspend, terminate the operation of, or access to, all or any portion of the Website at any time for any reason. Additionally, Nuwelt may terminate your individual account, if any, at any time and for any reason.
Your right to access and use the Website (including use of your account) will terminate automatically upon your breach of any of the Terms.
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
In the case of personal use products such as masks or disinfectant products such as antibacterial gel, no returns are accepted, electronic products such as thermometers, have a replacement guarantee within 14 days from the sale of the product, the replacement request must be made in writing to email@example.com, the shipping and receiving costs of the replacement correspond to the buyer.
- Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Arizona, USA, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Nuwelt and you concerning these Terms (including your account) may only brought in a federal or state court of competent jurisdiction located in Phoenix, Arizona, and you hereby consent to the personal jurisdiction and venue of such court.
If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).
Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Nuwelt as a result of the Terms or from your use of the Website.
These Terms constitute the entire agreement between you and Nuwelt relating to this subject matter and supersede any and all prior communications and/or agreements between you and Nuwelt relating to access and use of the Website.