PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, Nuun & Company, Inc.'s ("Nuun”) website at staging.nuun.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Nuun, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Nuun for violations of these Site Terms.
Nuun reserves the right to change or modify these Site Terms and/or any policy or guideline of the Site at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Site to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, please do not use the Site.
If you have any questions about the use of the Site, please send them to email@example.com.
2. Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Nuun or its subsidiaries and affiliates.
Nuun, the Nuun logo, U Hydration, and any other product or service name or slogan contained in the Site are trademarks of Nuun and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nuun. You may not use any metatags or any other "hidden text" utilizing "Nuun" or any other name, trademark or product or service name of Nuun without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nuun and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Nuun.
4. Hyperlinks to the Site
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Nuun or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Nuun logo or other proprietary graphic of Nuun to link to this Site without the express written permission of Nuun. Further, you may not use, frame or utilize framing techniques to enclose any Nuun trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Nuun's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Nuun or any third party.
5. Links to Other Websites and Services
6. User Content and Conduct
User Content. The Nuun Community and other areas of the Site may include discussion forums, user reviews, blogs, user generated content or other interactive areas or community features (“Interactive Areas”) in which you or other users create, post or store content, comments, messages, statements, slogans, materials, data, information, text, music, sound, photographs, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and for the User Content you post. By using the Site, including without limitation any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Nuun takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nuun liable for any mistakes, defamation, slander, libel, omissions, falsehoods, deceptive practices, obscenity, pornography, sexually explicit material, profanity or other harmful material you may encounter. YOUR USE OF ANY USER CONTENT AND INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, Nuun is not liable for any statements, representations or User Content provided by its users. Although Nuun has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Nuun reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the User Content rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Nuun's systems and customers, or to ensure the integrity and operation of Nuun's business and systems, Nuun may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.
User Conduct. By using the Site, including without limitation any Interactive Areas, you agree not to:
Nuun is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is Nuun responsible or liable for any loss, damage, injury, or harm associated therewith. Although Nuun has no obligation to monitor any user conduct on the Site or in any Interactive Area, Nuun reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. Nuun does not approve or endorse any user-posted meetings or events referenced on the Site, and Nuun recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. Your use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
7. Rights in User Content and Submissions
Except as otherwise provided herein, on the Site or in a separate agreement Nuun claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant Nuun and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Nuun at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to Nuun that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms, our Site Rules or any applicable law, rule or regulation.
8. Merchandise Availability
Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting Nuun Customer Service at firstname.lastname@example.org. You will receive a shipping confirmation e-mail once your items have shipped.
9. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
10. Shipping & Handling; No Export by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
11. Disclaimer, Limitation of Liability and Indemnity
12. Applicable Law
Date of Last Revision: June 15, 2011.