Terms & Conditions
(Last updated January 1st 2018)
ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES
If you are at least age 13 but under 18 years of age, you may only access, use, or register for the Services, with the consent of a parent or guardian.
Nut Up And Out Ball Em™ will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We do not ship orders to freight forwarders.
In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using the Services.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Nut Up And Out Ball Em™, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content may not be used in connection with any product or service that is not NUAOBE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nut Up And Out Ball Em™. All other trademarks not owned by NUAOBE that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NUAOBE. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).
Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray NUAOBE, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any NUAOBE logo or other proprietary graphic or trademark as part of the link without express written permission.
SERVICE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by Nut Up And Out Ball Em™ you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to NUAOBE’s Return/Exchange policy.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY NUAOBE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUAOBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK.
NUAOBE DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES (INCLUDING PRIZES AVAILABLE THROUGH MYGSOM REWARDS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
You understand that Nut Up And Out Ball Em™ cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL NUAOBE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- In any manner that violates any applicable federal, state, local and international law or regulation;
- To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Nut Up And Out Ball Em™ or users of the Services, or may expose Nut Up And Out Ball Em™ or users of the Services to liability.
ADDITIONAL PROHIBITED USES
You further agree not to:
- Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
- Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without NUAOBE prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
We make no representation that the Services are appropriate or can legally be used outside the United States. Accessing and using the Services is prohibited in locations where doing so would be illegal. Users that access or use the Services from locations outside the United States do so on their own initiative and are responsible for complying with local laws.
THIRD PARTY CONTENT OR SERVICES
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
You and Nut Up And Out Ball Em™ agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither you nor Nut Up And Out Ball Em™ agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor Nut Up And Out Ball Em™ agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
- To the maximum extent permitted by applicable law, each party shall be responsible for the cost of preparing and presenting its case in arbitration. NUAOBE will, however, pay the amount of any arbitration costs and fees charged by the arbitrator;
- In the case of face-to-face arbitration proceedings, the proceedings shall be conducted at a location that is reasonably convenient to you; and
- The arbitrator’s award shall be in writing.
CHOICE OF LAW
WAIVER AND SEVERABILITY