Terms of Service
Your Acceptance of these Terms of Service
1. Welcome to NUTEREL, LLC.
1.1 Introduction:
1. Welcome to NUTEREL, LLC.
1.1 Introduction:
Please read these Terms of Service carefully before using
this Site as they represent a binding agreement between each user of our Site
(“you”, “your’) and NUTEREL, LLC (“NUTEREL”, “we”, “us”, or “our”). NUTEREL provides its
services (described below) to you through its Site located at www.nuterel.com (the “Site”), www.davidrivas.com, www.resilientbrainsystem.com, and related services
(collectively, such services, including but not limited to any new programs,
text, content, photographs, video, audio, graphics and the Site, the “Service(s)”), subject to the following
Terms of Service (the “Terms of Service”). This Site is owned and operated by
NUTEREL.
By
using the Site, you signify your agreement to these Terms of Use. If you do not
agree to these Terms of Use, you may not use the Site. In addition, when you
use any of our current or future services, you will also be subject to our
guidelines, terms, conditions and agreements applicable to those services. If
these Terms of Service are inconsistent with the guidelines, terms and
agreements applicable to those services, these Terms of Service will control.
1.2 Modifications:
These Terms of Service were last updated on the “Updated”
date indicated above. We reserve the right, at our sole discretion, to change
or modify portions of these Terms of Service at any time. Such modifications
shall become effective immediately upon the posting thereof. You must review
these Terms of Service on a regular basis to keep yourself apprised of any
changes. Your
continued use of the Service after the date any such changes become effective
constitutes your acceptance of the new Terms of Service. When using certain Services, you will be subject to any
additional terms applicable to such Services that may be posted on the Service
from time to time.
1.3 Use of Site:
NUTEREL grants you (as a permitted user) a limited,
revocable, non-exclusive license to access our Site for your own personal use
and in compliance with applicable law. Use of our Site beyond the scope of
authorized access granted to you by these Terms of Service immediately
terminates that license.
Access and use of our Site may be subject to limitations,
delays and other problems inherent in the use of the Internet and electronic
communications. NUTEREL is not responsible for any delays, delivery failures,
or other damage resulting from such problems, or from the unavailability of the
Site for any reason. All rights not expressly granted by these Terms of Service
are reserved to us, or, if applicable, our licensors.
2. Trademark and Copyright Information
This
Site is protected by copyrights, trademarks, international treaties and/or
other proprietary rights and laws of the United States and other countries. The
Service is also protected as a collective work or compilation under U.S.
copyright and other laws and treaties. All individual articles, columns and
other elements making up the Service are also works protected by copyright and
after intellectual property rights. You agree to abide by all applicable
copyright and other laws, as well as any additional copyright notices or
restrictions contained in the Service.
2.1 Trademark:
The brand names, slogans, characters and other trademarks,
as well as the package designs of all NUTERELTM products,
programs, and promotions belong exclusively to NUTEREL and/or its affiliates,
and are protected from copying and simulation under national and international
trademark and copyright laws and treaties throughout the world.
2.2 Copyright:
Our Site contains content including, but not limited to,
all text, audio, images and other materials or elements (collectively the
“Content”). Content displayed on or through our Site is protected by copyright
as a collective work and/or compilation, pursuant to copyright laws, and
international conventions. You agree not to copy, modify, create a derivative work from or redistribution of our Site or the collective
work, and/or copying or reproducing our Site or any portion thereof to any
other server or location for further reproduction or redistribution is
prohibited without the express written consent of NUTEREL. Any rights not expressly granted herein are
reserved by NUTEREL.
You agree not to reproduce, modify, duplicate or copy
content from our Site without the express written consent of NUTEREL, and agree to abide by any and all copyright notices
displayed on our Site. You may not decompile or disassemble, reverse engineer
or otherwise attempt to discover any source code contained in our Site. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of our Site.
Although NUTEREL does not claim ownership of content that
its users post, by posting content to any area of our Site that is accessible
to all users, you automatically grant, and you represent and warrant that you
have the right to grant, to NUTEREL an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute
said content, and create compilations and derivative works from such content,
as part of our Site or otherwise.
2.3 Third Party Material:
Under
no circumstances will NUTEREL be liable in any way for any content or materials
of any third parties (including users), including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any such content. You acknowledge that
NUTEREL does not pre-screen content, but that NUTEREL and its designees will
have the right (but not the obligation) in their sole discretion to refuse or
remove any content that is available via the Service. Without limiting the
foregoing, NUTEREL and its designers will have the right to remove any content
that violates these Terms of Service or is deemed by NUTEREL, in its sole
discretion, to be otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.
2.4 User Content Shared:
With
respect to the content or other materials you upload through the Service or
share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right,
title and interest in and to such User Content, including, without limitation,
all copyrights and rights of publicity contained therein, and that you have all
required rights to post or transmit such content or other materials without
violation of any third-party rights. By uploading any User Content you hereby
grant and will grant NUTEREL, its affiliated companies and partners (including
but not limited to NUTEREL instructors, practitioners and other third parties
providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide,
royalty free, fully paid up, transferable, sublicensable, perpetual,
irrevocable license to copy, display, upload, adapt, perform, publish,
distribute (through multiple tiers of distribution and partnerships), store,
modify and otherwise use and fully exploit your User Content in any and all
media, form, medium, technology or distribution methods now known or later
developed and for any and all purposes (commercial or otherwise).
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information relevant to the Service (“Submissions”), provided by you to NUTEREL, its affiliated companies
or partners are non-confidential and NUTEREL, its affiliated companies and
partners will be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You
acknowledge and agree that NUTEREL may preserve content and may also disclose
content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process, applicable laws or government requests; (b) enforce these Terms of
Service; (c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of NUTEREL,
its users and the public. You understand that the technical processing and
transmission of the Service, including your content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
3.
Access and Use of the Service
The
NUTEREL service, and any content viewed through our service, is solely for your
personal and non-commercial use. With your NUTEREL membership and program
purchase we grant you a limited, non-exclusive, non-transferable, license to
access the NUTEREL content and view your course(s) through the service on a
streaming-only basis for that purpose. Except for the foregoing limited
license, no right, title or interest shall be transferred to you. NUTEREL may
revoke your license at any time at its sole discretion. Upon such revocation,
you must promptly destroy all content downloaded or otherwise obtained through
the service, as well as copies of such materials, whether made in accordance
with these Terms of Service or otherwise.
3.1
Restrictions on Use:
You may not use the Service for any illegal
purpose or in any manner inconsistent with these Terms. You agree not to resale
or other transfer to, or use by or for the benefit of, any other person or
entity. You agree not to use, transfer, distribute or dispose of any
information contained in the Service in any manner that could compete with the
business of NUTEREL.
You acknowledge that the Service has been developed, compiled, prepared,
revised, selected and arranged by NUTEREL and others (including certain other
information sources) through the application of methods and standards of
judgment developed and applied through the expenditure of substantial time,
effort and money and constitutes valuable intellectual property and trade
secrets of NUTEREL and such others. You agree to protect the proprietary rights
of NUTEREL and all others having rights in the Service during and after the
term of these Terms and to comply with all reasonable written requests made by
NUTEREL or its suppliers of content, equipment or otherwise (“Suppliers”) to
protect their and others’ contractual, statutory and common law rights in the
Service. You agree to notify NUTEREL in writing promptly upon becoming aware of
any unauthorized access or use of the Service by any party or of any claim that
the Service infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
You may not copy, reproduce, recompile,
decompile, disassemble, reverse engineer, distribute, publish, display,
perform, modify, upload to, create derivative works from, transmit or in any
way exploit any part of the Service, except that you may download material from
the Service and/or make print copies for your use or use within your
organization, provided that all copies retain all copyright and other
proprietary notices. Without limiting the generality of the foregoing, the
analysis and presentation included in the Service may not be recirculated,
redistributed or published by you without NUTEREL’s prior written consent. Modification of
the Service’s content would be a violation of NUTEREL’s copyright and other proprietary rights.
Additionally, you may not offer any part of the Service for sale or distribute
it over any other medium including a computer network or hyperlink framing on
the internet without the prior written consent of NUTEREL . The Service and the information contained
therein may not be used to construct a database of any kind. Nor may the
Service be stored (in its entirety or in any part) in databases for access by
you or any third party or to distribute any database Services containing all or
part of the Service. You may not use the Service in any way to improve the
quality of any data sold or contributed by you to any third party. You may not
use any of the tradenames, trademarks, and logos displayed on this Site
(collectively “Marks”), except as expressly provided in these Terms. Nothing
appearing on this Site or elsewhere shall be construed as granting, by
implication, estoppel, or otherwise, any licence or right to use any Marks. You
will not use the Service, the information contained therein or any of NUTEREL’ names or Marks in
unsolicited mailings or spam material and will not spam or send unsolicited
mailings to any person or entity using the Service.
3.2 Your Registration Obligations:
You
may be required to register with NUTEREL in order to access and use certain
features of the Service. If you choose to register for the Service, you agree
to provide and maintain true, accurate, current and complete information about
yourself as prompted by the Service’s registration form. Registration data and
certain other information about you are governed by our Privacy Policy.
3.3 Member Account, Password and
Security:
You
may never use another's account, and you may not provide another person with
the username and password to access your account. You are fully responsible for
any and all activities that occur under your password or account, and it is
your responsibility to ensure that your password remains confidential and
secure. You agree to (a) immediately notify NUTEREL of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session when accessing the
Service. NUTEREL will not be liable for any loss or damage arising from your
failure to comply with this Section.
3.4 Modifications to Service:
NUTEREL
reserves the right to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that NUTEREL
will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service. We have no obligation to retain
any of Your Account or Submitted Content for any period of time beyond what may
be required by applicable law.
3.5 General Practices Regarding
Use and Storage:
You
acknowledge that NUTEREL may establish general practices and limits concerning
use of the Service, including without limitation the maximum period of time
that data or other content will be retained by the Service and the maximum
storage space that will be allotted on NUTEREL’ servers on your behalf. You
agree that NUTEREL has no responsibility or liability for the deletion or
failure to store any data or other content maintained or uploaded by the
Service. You acknowledge that NUTEREL reserves the right to terminate accounts
that are inactive for an extended period of time. You further acknowledge that
NUTEREL reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
3.6 Mobile Services:
The
Service may include certain services that are available via a mobile device,
including (i) the ability to upload content to the Service via a mobile device,
(ii) the ability to browse the Service and the Site from a mobile device and
(iii) the ability to access certain features through an application downloaded
and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a
mobile device, your wireless service standard charges, data rates and other fees
may apply. In addition, downloading, installing, or using certain Mobile
Services may be prohibited or restricted, and not all Mobile Services may work
with all devices. In using the Mobile Services, you may provide your telephone
number. By providing your telephone number, you consent to receive calls and/or
SMS, MMS, or text messages at that number. We may share your phone numbers with
our affiliates or with our service providers (such as customer support, billing
or collections companies, and text message service providers) who we have
contracted with to assist us in pursuing our rights or providing our Services
under these Terms of Service, our policies, applicable law, or any other
agreement we may have with you. You agree these parties may also contact you
using autodialed or prerecorded calls and text messages, as authorized by us to
carry out the purposes we have identified above, and not for their own
purposes. In the event you change or deactivate your mobile telephone number,
you agree to promptly update your NUTEREL account information to ensure that
your messages are not sent to the person that acquires your old number.
3.7 Money Back Guarantee:
Given
the nature and access of our products and programs, refunds are available for
customers if the request is received 30 days after the purchase of the product.
Unfortunately, no refunds are going to be granted after the 30th day
of purchase due to the immediate access to digital products and for the
protection of intellectual property. Refunds
are not available for accounts which have violated the terms of service;
violations are determined at NUTEREL’s sole discretion. If NUTEREL determines
that you are abusing our policies, we reserve the right to suspend or terminate
your account and refuse or restrict any and all current or future use of the
Service without delivering a refund.
4. Your Privacy
We respect your right to privacy. For details please see our Privacy
Policy, which
also governs your visit to the Site, to understand our privacy practices.
5. Your Conduct
5.1: You will be
solely responsible and liable for any and all loss, damage, and additional
costs that you, NUTEREL or any other person may incur as a result of your
submission of any information on or through this Site. NUTEREL reserves the
right to refuse to post or to remove any content, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable, or in violation of these
terms of service.
5.2: To the
extent that our Site permits you to post, email, or otherwise make available
content, you agree not to post, email or otherwise make available content that:
a. is unlawful;
b. includes personal or
identifying information about another person without that person’s explicit
consent;
c. impersonates any
person or entity, including, but not limited to, a NUTERELemployee, or falsely
states or otherwise misrepresents an affiliation with a person or entity;
d. infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
person, or content that you do not have a right to make available under any law
or under contractual or fiduciary relationships;
e. is harmful,
threatening, abusive, harassing, defamatory, pornographic;
f. harasses,
degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
g. constitutes or
contains any form of advertising or solicitation, or that includes links to
commercial services or Sites;
h. contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i. disrupts the
normal use of our Site with an excessive amount of content, or that otherwise
negatively affects other users’ ability to use our Site; or
j. employs
misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of content transmitted through our
Site.
5.3 Fees:
To
the extent the Service or any portion thereof is made available for any fee,
you will be required to provide NUTEREL information regarding your credit card
or other payment instrument. You represent and warrant to NUTEREL that such
information is true and that you are authorized to use the payment instrument.
You will promptly update your account information with any changes (for
example, a change in your billing address or credit card expiration date) that
may occur. You agree to pay NUTEREL the amount that is specified in the payment
plan in accordance with the terms of such plan and this Terms of Service. You
hereby authorize NUTEREL to bill your payment instrument in accordance with the
terms of the applicable payment plan until you terminate the charges have been
paid, and you further agree to pay any charges so incurred. If you dispute any
charges you must let NUTEREL know within sixty (60) days after the date that
NUTEREL charges you. We reserve the right to change NUTEREL'
prices. Your continued use of the Service after the price change becomes
effective constitutes your agreement to pay the changed amount. You shall be
responsible for all taxes associated with the Services.
6.
SUBMISSIONS
6.1 User-Generated Content:
You
may post reviews, comments, photographs, and other content; send
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as none of these materials are illegal, obscene,
threatening, defamatory, invasive of privacy, infringing on intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate anyone, or otherwise
mislead as to the origin of any content. We reserve the right (but not the
obligation) to remove or edit any such content, but we do not regularly review
posted content.
Please
do not send us any material that you do not intend to be subject to the
User-Generated Content License described in this paragraph. All content
described in the immediately preceding paragraph and any and all other
information, content or materials that you post or send to us (collectively the
“User-Generated Content”). If you
post or send any User-Generated Content to us, intentionally or
unintentionally, we (and such others as we may designate from time to time)
shall have unrestricted rights to the use thereof for any and all purposes
whatsoever, commercial or otherwise, without any further permission from, or
any payment, to you or anyone else. We and our designees also shall have the
right (but no obligation) to use the name that you submit, as well as any other
name by which you are or may be known, in connection with User-Generated
Content. Without limiting the generality of the foregoing, you hereby
unconditionally grant to us a perpetual, non-exclusive, irrevocable,
fully-paid, royalty-free, sub-licensable and transferable universal license to
use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute,
re-distribute, copy, host, store, cache, archive, index, categorize, comment
on, broadcast, stream, download, edit, alter, modify, adapt, translate, create
derivative works based upon and publicly perform User-Generated Content, in
whole or in part, by all means and in all media now known or hereafter devised
for any and all purposes without further notice to you and with or without
attribution (the “User-Generated Content
License”). You agree to the User-Generated Content License whether or not
your User-Generated Content is used by us.
You
represent, warrant and agree that: you own or otherwise control all of the
rights to all User-Generated Content that you post or send to us; that all such
User-Generated Content is accurate; use of such User-Generated Content does not
violate these Terms of Use, our Privacy Policy or the rights of any third party
and will not cause injury to anyone; and you will indemnify us and our
affiliates and designees from and against all claims arising out of, resulting
from or relating to any such User-Generated Content. We have the right (but no
obligation) to monitor, edit or remove any activity or content involving you.
We have no responsibility, and assume no liability, for any User-Generated
Content posted or sent by you or by anyone else.
You
agree that User-Generated Content will not be subject to any expectation of
trust or confidence between us and that no confidential or fiduciary
relationship is intended or created between you and us. To the extent that any
so-called “moral rights,” “neighboring rights” or similar or
analogous rights apply to any User-Generated Content and which are not
exclusively owned by us, you agree not to enforce or assign, or permit any
third party to enforce or assign, any such rights.
Each
time that you access the Site, or post or submit User-Generated Content, you
agree that the User-Generated Content License is ratified and confirmed with
respect to such User-Generated Content and all User-Generated Content
previously posted or submitted by you.
6.2 Unsolicited
Submissions
If you submit ideas, drawings, videos, photos,
suggestions, comments, or similar information to NUTEREL, whether through our
Site or otherwise, you do so with no expectation of confidentiality and with no
expectation that you have any proprietary interest in the content of your
submissions. You agree that the content of your submissions will immediately
become the property of NUTEREL. You also recognize that your submissions may be
used or developed by or on behalf of NUTEREL or its affiliates without any obligation
to you.
7. Infringement Claims
If any content posted on NUTEREL’s Site infringes on your
copyright, please notify our designated agent as follows: by mail at NUTEREL,
LLC. PO BOX 782340 Orlando, FL
32878; or by email at support@nuterel.com. NUTEREL investigates notices of
alleged infringement and takes appropriate actions under applicable law.
7.1 Notice of Claim:
Your notice of claimed infringement must include: (a)
physical or electronic signature of the copyright owner of authorized agent;
(b) identification of the copyrighted work claimed to have been infringed; (c)
identification of the material that is claimed to be infringing and that is to
be removed from the site, as well as information reasonably sufficient to
permit us to locate the material; (d) information reasonably sufficient to
permit us to contact the copyright owner, such as an address, telephone number,
and, if available, an electronic mail address; (e) a statement that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or applicable law; and (f) a
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the copyright
owner. Claimants who make misrepresentations concerning copyright infringement
may be liable for damages incurred as a result of the removal or blocking of
the material, court costs, and lawyer’s fees.
8. Membership Account
Certain sections of our Site may only be available to you
upon registration for a Site account. By registering, you represent and warrant
to NUTEREL that: (a) all information provided by you to NUTEREL during the
registration process is truthful, accurate and complete; and (b) you will
comply with these terms of service. As a registered user, you agree to maintain
and promptly update your registration data as necessary to keep it true,
accurate, current and complete.
You will be responsible for any and all loss, damage, or
additional costs that we and/or our service providers or others may incur as a
result of your submission of any false, incorrect or incomplete information or
your failure to update your registration or other information that you submit
via our Site.
You acknowledge that you are solely responsible for
maintaining the confidentiality of your account password, and that you (and not
us) will be responsible for any loss resulting from any unauthorized use of
your account or access to your content. You agree to immediately notify us of
any unauthorized use of your account.
8.1 Use and
Protection of Password and ID:
NUTEREL
will assign a password and account ID to you so you can access and use certain
areas of the Site. Each user who uses such assigned password and ID shall be
deemed to be authorized by you to access and use the Site, and NUTEREL shall
have no obligation to investigate the authorization or source of any such
access or use. You acknowledge and agree that as between you and NUTEREL, you
will be solely responsible for all access to and use of the Site by anyone using
the password and ID assigned to you whether or not such access to and use of
the Site is actually authorized by you, including all communications and
transmissions and all obligations (including health obligations for purchases
through the Site) that may result from such access or use.
You
are solely responsible for protecting the security and confidentiality of the
password and ID assigned to you. You shall immediately notify NUTEREL of any
unauthorized use of the assigned password or ID, or any other breach or
threatened breach of the Site’s security of which you are aware. You will be
responsible for any activity conducted under your assigned password or ID.
9. Professional Information Disclaimer
This Site may make available, reference or link to certain
information related to professional fields including, without limitation, health,
business, legal, personal growth and development, and related matters. This information is provided for
educational, informational, and entertainment purposes only and should not be
interpreted as a recommendation for a specific health, medical, legal plan or
course of action. Use of this information does not replace consultations with a
qualified expert or other relevant professional for your unique life and needs
and circumstances. In addition, this professional
information changes rapidly and therefore, some of it may be out of date.
You agree that you are solely and exclusively responsible
for the choices that you make with regard to the information you receive
through this Site and programs. We may not provide therapy or medical services
and you are responsible for procuring these services at your own will and
discretion if needed. You will seek
independent professional guidance for legal, medical, financial, business, or
other matters if needed.
You agree that all risk associated with the use of, or
reliance on, any of this professional information rests with you. You further
agree that NUTEREL, including its respective suppliers, shall not be
responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with your use of,
or reliance on, any such professional information.
10. Disclaimer Regarding Third Party Content
This Site may offer access to third party Sites and
content available over the Internet. NUTEREL generally exercises no control
over such third-party Sites and content. You agree that it is your
responsibility to review and evaluate any such content, and that any and all
risk associated with the use of, or reliance on, such content rests with you.
You are responsible for viewing, accepting and abiding by the Terms of Service
and privacy policies posted at these third-party Sites. Inclusion of a link to third
party content does not imply endorsement by NUTEREL of such content. You
further agree that NUTEREL shall not be liable, directly or indirectly, in any
way for any loss or damage of any kind incurred as a result of, or in
connection with your use of, or reliance on, any third-party Sites or content.
11.
Social Networking Services
You
may enable or log in to the Service via various online third-party services,
such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By
logging in or directly integrating these Social Networking Services into the
Service, we make your online experiences richer and more personalized. To take
advantage of this feature and capabilities, we may ask you to authenticate,
register for or log into Social Networking Services on the Sites of their
respective providers. As part of such integration, the Social Networking
Services will provide us with access to certain information that you have
provided to such Social Networking Services, and we will use, store and
disclose such information in accordance with our Privacy Policy. For more
information about the implications of activating these Social Networking
Services and NUTEREL’ use, storage and
disclosure of information related to you and your use of such services within
NUTEREL (including your friend lists and the like), please see our Privacy Policy.
However,
please remember that the manner in which Social Networking Services use, store
and disclose your information is governed solely by the policies of such third
parties, and NUTEREL shall have no liability or responsibility for the privacy
practices or other actions of any third-party site or service that may be
enabled within the Service.
In
addition, NUTEREL is not responsible for the accuracy, availability or
reliability of any information, content, goods, data, opinions, advice or
statements made available in connection with Social Networking Services. As
such, NUTEREL is not liable for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Social
Networking Services. NUTEREL enables these features merely as a convenience and
the integration or inclusion of such features does not imply an endorsement or
recommendation.
12. Disclaimer of Warranties and Liability
This Site, including its content, is provided
on an “As Is” and “As Available” basis without any warranty or condition of any
kind, either expressed or implied. NUTEREL does not
warrant the accuracy or completeness of the Content. NUTEREL and its
affiliates, and their respective directors, officers, employees, subsidiaries,
affiliates, successors, assigns, agents, service providers, shall not be liable
for any (i) direct damages in excess of $100US; or (ii) special, indirect,
incidental, or consequential damages, including without limitation, lost
revenues or lost profits, which may result from the use of the Content or this
Site. NUTEREL may make changes to this Site, or to the products described
therein, at any time without notice. NUTEREL makes no commitment to update the
information contained herein.
12.1 Disclaimer of Warranties
NUTEREL
makes no warranty that (i) the service will meet your requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable,
or (iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations.
We
do not warrant that the functions contained in any content (including, without
limitation, User-Generated Content) will be uninterrupted or error-free, that
defects will be corrected, or that the site or the servers that make such
content available are free of viruses or other harmful components and you
assume the entire cost of all necessary servicing, repair or correction of any
of your equipment or software. We make no representations or warranties
regarding use, or the results of use, of any content, products or services
contained on or offered, made available through, or otherwise related in any
way to the site including, without limitation, any third-party site or service
linked to from the site (and specifically no representation or warranty of correctness,
accuracy, completeness, reliability or safety).
We
explicitly disclaim any responsibility for the accuracy, completeness or
availability of information, content and materials found on sites that link to
or from the site. We cannot ensure that you will be satisfied with any product
or service that you purchase from a third-party site that links to or from the
site or third-party information, content or materials contained on our site. We
do not endorse any of the merchandise, nor have we taken any steps to confirm
the accuracy, completeness or reliability of any of the information, content or
materials contained on any third-party site. We do not make any representations
or warranties as to the security of any information, content or materials
(including, without limitation, credit card and other personal information) you
might be requested to give to any third-party. You hereby irrevocably and
unconditionally waive any and all claims against us with respect to
information, content and materials contained on the site (including, without
limitation, User-Generated Content), on third-party sites, and any information,
content and materials you provide to or through any such third-party sites
(including, without limitation, credit card and other personal information). We
strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any
third-party.
The
Site and products/services contained thereon are not substitutes for the advice
and treatment of a licensed health or legal expert professional. Not all
products and services are suited for everyone. The creators of the
products/services do not assume, and shall not have any liability to users for
injury or loss in connection therewith. We make no representations or
warranties and expressly disclaim any and all liability concerning any
information or any action following the information offered or provided within
or through the site. If you have specific concerns or a situation in which you
require professional health or legal advice, you should consult with an
appropriately trained and qualified specialist, such as an attorney, legal
professional, physician, healthcare adviser, health planner, or other health
professional. Never disregard the health advice of a professional, or delay in
seeking such advice because of the information offered or provided within or
through the site.
12.2 Release:
You
acknowledge that you have carefully read this “waiver” section and fully
understand that it is a release of liability. You expressly agree to release
and discharge all indemnified parties (as defined below) from any and all
claims or causes of action and you agree to voluntarily give up and irrevocably
waive and release any right that you may otherwise have to bring a legal action
against any indemnified party for personal injury or property damage.
13. Termination
Either you or NUTEREL may terminate these
Terms with or without cause at any time and effective immediately. You may
terminate by discontinuing use of the Service and destroying all materials
obtained from the Service. These terms will terminate immediately without
notice from NUTEREL if NUTEREL determines, in its sole discretion, that you
have failed to comply with any provision of these Terms. Upon termination by
you or upon notice of termination by NUTEREL,
you must promptly cease all use and access to the Site and the Service, and
destroy all materials obtained from the Service and any copies thereof. All
Sections shall survive any termination of these Terms.
14.
Disputes Between Users
You
agree that you are solely responsible for your interactions with any other user
in connection with the Service and NUTEREL will have no liability or
responsibility with respect thereto. NUTEREL reserves the right, but has no
obligation, to become involved in any way with disputes between you and any
other user of the Service.
15. Offers
All offers made on our Site are void where prohibited, and
are subject to posted rules pertaining to such offers.
16.
Electronic Communications
When
you visit the Site or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on the Site. You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
17. Governing Law
These Terms constitute
the entire agreement between you and NUTEREL regarding your use of our Site,
superseding any prior agreements between you and NUTEREL. These Terms shall
be governed and construed in accordance with the laws of Florida without giving
effect to conflicts of law principles thereof. You agree to submit to the
jurisdiction of the state and federal courts located in Orange County, Florida. with respect to any
legal proceedings arising out of this agreement and waive any objection to the
propriety or convenience of venue in such courts. The
failure of NUTEREL to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision. If any
provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full
force and effect.
18.
Questions, Concerns, Suggestions
Please
contact us at PO BOX 782340 Orlando, FL
32878, or drivas@nuterel.com to report any violations of these
Terms of Service or to pose any questions regarding these Terms of Service.
Copyright @ 2025 NUTEREL, LLC. All rights
reserved.