Term of Service
Nu-X®Nutra Website Terms of Service
EFFECTIVE DATE NOVEMBER 18, 2015
Welcome to nu-x®’s e-commerce site (nu-xnutra.com) and any web page or subpages thereof (“Site”). This Site is owned, operated, and administered by National Tobacco Company, L.P. (NTC). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the 'Agreement'). If you do not agree to these terms, please do not use the Site. Since NTC may revise this Agreement at any time. You should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
Unless otherwise noted, all design and content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, icons, images, html code, the overall appearance of the Site and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by NTC. The Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of the Site are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of NTC. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from NTC. Should you choose to download, copy, or forward any site materials via email for your personal, noncommercial use, no right, title, or interest in those materials will be transferred to you. You acknowledge and agree that you, and not NTC, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and use this Website, and for paying all charges therefor.
USE RESTRICTIONSYou shall comply with all applicable laws and regulations when accessing and using the Site. If you become aware of any unlawful, offensive, or objectionable materials on the Site, please promptly notify us. You may not use or link to this Site in any manner that would disparage NTC and/or any of its representatives, agents, employees, owners, members or affiliates or bring NTC and/or any of its representatives, agents, employees, owners, members or affiliates into disrepute.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which NTC does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
You agree that NTC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of NTC’s products or services, or for such other purpose(s) as NTC deems appropriate.
Although we will make every effort to respond quickly to applicable email messages from you, NTC is under no obligation to respond to all pieces of correspondence received through the Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding NTC, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through the Site shall become and remain the property of NTC. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NTC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
NEITHER NTC NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR RELATED ENTITIES OR INDIVIDUALS SHALL BE LIABLE FOR ANY CLAIMS, LIABILITIES, COSTS, LOSSES, EXPENSES, OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT. NTC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND THAT ARE CONNECTED WITH THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT. NTC SHALL NOT BE LIABLE OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS SITE.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
NTC has the utmost concern about the security of any information transmitted to this Site. However, NTC cannot absolutely guarantee the impregnability of any email transmissions or assure the confidentiality of information transmitted to the Site. Therefore, except as may be otherwise required by law, you acknowledge and assume all risks associated with any personal or financial information or other content you may provide to this Site or to NTC or any other party through this Site, and NTC disclaims any liability for damages or losses which you may incur as a result of personal or financial information or other content provided by or on your behalf.
It is expressly agreed and understood that this Agreement is entered into in the Commonwealth of Kentucky and that the contract shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky without regard to it or any other jurisdiction’s conflict of laws rules or principles. By accessing this Site, you agree and hereby submit to personal jurisdiction and venue within the Circuit Court of Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky with respect to all matters regarding or arising from access to or use of this website. All legal issues arising from or related to access to or use of this Site, including, but not limited to, access to or use of the information, content, products, or services offered by NTC, shall be governed by the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. Any legal suit, action, or proceeding arising out of or related to the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, located in the city of Louisville and County of Jefferson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. You agree not to object to or otherwise challenge any such action brought in such courts on the grounds of lack of personal or subject matter jurisdiction, improper venue, or inconvenient forum.
You may otherwise contact us.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Louisville, Kentucky before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which nu-x® NUTRA’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.