INTRODUCTION
Welcome to the Internet site of Nucific. The Nucific website includes Nucific., and other Internet site on which these terms of use are posted. Nucific sites are collectively referred to herein as "Site," Sites," "we," "us" or "our."
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SITE. By using any Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Sites.
Note that special terms apply to some services offered on certain Sites, like rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Sites and receipt of data, materials and information available at or through the Sites, the possibility of our use or display of your Solicited Submissions (as defined below under the header "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
USE OF CONTENT
All products ("Products"), information, materials, functions and other content (including Submissions, as defined below under the header "SUBMISSIONS") (collectively, the "Content") contained on Sites are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Sites or delete Content or features at any time, in any way, for any or no reason, without notification to you.
Except as we specifically agree in writing, no Content from any Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of any Site is prohibited.
Nucific® does not authorize the resale of our Product by unauthorized retailers. Therefore any purchase order suspected to be use for illegal distribution or any other activity not approved in writing by an authorized Officer of Nucific® may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be cancelled and credited back to Buyer. Nucific® reserves the right to pursue any unlawful distributor for violations including but not limited to The Lanham Act. In the event that an order is shipped out and is later suspected and/or is proven to be in violation of this clause, product(s) will not be approved for a refund, no exceptions.
The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Site shall constitute fraud under the laws of the state of California and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Nucific®; 4) that Nucific®’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Nucific® was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
SUBMISSIONS
In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in sweepstakes and promotions); and (b) that you Distribute on or through any Site for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on our Sites and third party web sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
By using this Site, you represent and warrant the following: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been suspended or removed from this Site; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Site; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or order; and (v) you have capacity and authority to enter into these terms of use and, in doing so, will not violate any other agreement to which you are a party.
If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Site (or any portion thereof).
CONTENT ACCESSIBLE VIA LINKS FROM SITES AND SEARCH RESULTS
You should be aware that when you are on a Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
DISCLAIMERS
NUCIFIC® (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, "RELATED PARTIES")) PROVIDES THE WEBSITE, PRODUCTS, AND CONTENTS OF ITS WEBSITE ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NUCIFIC® AND ITS RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, NUCIFIC® AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
NUCIFIC® AND ITS RELATED PARTIES DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
Furthermore, the Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Sites. Reliance on any information appearing on a Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Sites without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
TESTIMONIALS
Not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy(below).
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). By using this Site, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective managers, members, officers, directors, affiliates, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorneys' fees and expenses, arising from or in connection with your use of this Site or any Products available on or through this Site, the uploading, posting, e-mailing, or transmission of any Submissions or other materials by you or users authorized by you, infringement of any Content, or any violation by you of these terms of use, our Privacy Policy or any other policy posted from time to time on this Site applicable to your use of this Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
WE AND OUR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE POLICIES POSTED ON THIS WEBSITE. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NUCIFIC® FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
DISPUTES
All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.
You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to this Site, its contents or the Products, resides in the courts of the County of Los Angeles, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Los Angeles, State of California, in connection with any such claim or dispute.
If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Site, its content or the Products, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys' fees and costs and/or court costs) incurred in the proceeding.
JURISDICTIONAL ISSUES
We control and operate the Site from our offices in the United States of America. We do not represent that Site content is appropriate or available for use in other locations. Persons who chose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). For this reason, we encourage you to review these terms of use whenever you purchase Products from or otherwise use the Site. By using this Site, you agree to be bound by the terms of use posted on the Site at the time of your access.
WAIVER; TIME WITHIN WHICH CLAIMS MUST BE BROUGHT
No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to."
MISCELLANEOUS
Both parties acknowledge that these Terms & Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms & Conditions. These Terms & Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms & Conditions at any time. The parties agree that these Terms & Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms & Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms & Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms & Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms & Conditions and allowed under applicable law. All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.
CONTACTING US
If you have any questions about these Terms Of Use, Privacy Policy, the practices of our sites, or your dealings with our sites, you may contact:
Customer Support Team
Nucific
Phone: 1-888-679-5520
Email: [email protected]