PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
We respect the privacy of our customers and encourage you to read our Privacy Statement located at http://www.NuproOnline.com/privacy so that you may make an informed decision about using our Website.
Unless otherwise indicated, all Website materials, including, without limitation, the Nupro® logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Nupro® Online or its licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial personal use only. Any other use of the materials on this Website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of Nupro® Online is strictly prohibited.
The Nupro® Logo and any proprietary product or service names contained in this Website are either trademarks or registered trademarks of Nupro® Online or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nupro® Online. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Nupro® Online, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nupro® Online. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary rights or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express written permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to the Nupro® Online Website, or postings on this Website, are not confidential and that Nupro® Online shall have a perpetual, worldwide, non-exclusive license to use such materials as it deems appropriate.
TERMS AND CONDITIONS OF SALE
All sales are subject to Nupro® Online Terms and Conditions of Sale which can be obtained at www.NuproOnline.com/termsofsale.
Products displayed on the Website are available for purchase while supplies last. The prices when displayed on the Website are in U.S. Dollars and are valid and effective only in the United States on the date viewed by you.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, the actual colors you see will depend on your monitor; we cannot guarantee that your monitor's display or any printed copy of any color will be accurate.
Nupro® Online and its affiliates attempt to describe its products as accurately as possible. However, Nupro® Online does not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered by Nupro® Online itself is not as described, your sole remedy is to return it in unused condition for full refund in conformance with the Nupro® Online Terms and Conditions of Sale refund policy.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this Website infringes upon any copyright that you own or control, or that any link on this Website directs users to another Website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement to the email address stated below.
ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use Nupro® Online Website only for lawful purposes. You are prohibited from posting on or transmitting through Nupro® Online Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Nupro® Online may elect to electronically monitor areas of this Website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this Website, or to protect the rights or property of Nupro® Online, its independent contractors, service providers, consultants, sponsors, licensors or the public. Nupro® Online retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to its customers, Nupro® Online or the rights of any third party, or to violate any applicable law.
USE BY CHILDREN
Nupro® Online and the Nupro® Online Website do not offer products and services for sale to children under 18. We sell products and services for purchase by adults only. By using this Website, you are representing to us that you are 18 years of age or older. Nupro® Online will not be liable for any damages that may result from misrepresentation of age by a user of our Website.
You agree to defend, indemnify and hold harmless Nupro® Online, its Officer(s), Director(s), Shareholder(s), it employee(s), its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the Nupro® Online Website or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against Nupro® Online and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
EXCEPT IF EXPLICITLY STATED IN WRITING OTHERWISE BY Nupro® ONLINE STORE, INC. THE MATERIALS AND/OR PRODUCTS CONTAINED AND SOLD ON THE Nupro® ONLINE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Nupro® ONLINE STORE, INC. AND THE Nupro® ONLINE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Nupro® ONLINE STORE, INC. AND THE Nupro® ONLINE WEBSITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND/OR PRODUCTS ON THE Nupro® WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT Nupro® ONLINE STORE, INC. AND THE Nupro® ONLINE WEBSITE PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Nupro® ONLINE STORE, INC. DOES NOT REPRESENT OR WARRANT THAT THE Nupro® ONLINE WEBSITE OR ITS SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Nupro® Online reserves the right to change any and all content contained on the Nupro® Online Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nupro® Online and/or the Nupro® Online Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Nupro® ONLINE STORE, INC. OR ITS OFFICER(S), SHAREHOLDER(S), DIRECTOR(S),MANAGER(S) OR EMPLOYEE(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN OR PRODUCTS SOLD ON, OR ACCESSED THROUGH, THE Nupro® ONLINE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Nupro® ONLINE STORE, INC., OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, ACTS OF TERRORISM, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE Nupro® ONLINE RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Nupro® ONLINE STORE, INC. (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Nupro® ONLINE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Nupro® ONLINE STORE, INC. FOR PRODUCTS SOLD ON THE Nupro® ONLINE WEBSITE.
LINKING TO OUR WEBSITE
You are granted a limited non-exclusive right to create a hyperlink to the Nupro® Online Website provided such link does not portray Nupro® Online or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Nupro® Online and/or Nupro® registered trademark, logo or other proprietary information, including the images found on the Nupro® Online Website, the content of any text or the layout/design of any page or form contained on a page without Nupro® Online’s express written consent. Furthermore, you may not use any meta-tags or any other “hidden text” utilizing a Nupro® Online and Nupro® name, trademark or product name without Nupro® Online’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 Nupro® Online or any third party. Nupro® Online makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites linking to the Nupro® Online Website.
THIRD PARTY LINKS
The Nupro® Online Website may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Nupro® Online does not monitor, nor does it have any control over, any Third Party Content. Nupro® Online does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Nupro® Online makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Nupro® Online Website, you should be aware that the Nupro® Online Website’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
SEVERABILITY AND NONWAIVER
Notwithstanding anything to the contrary herein, Nupro® Online reserves the right, without notice and in its sole discretion, to terminate your use of this Website and to block or prevent future access to and use of this Website.
These General Terms and Conditions of Use may be changed from time to time without notice by Nupro® Online in its sole discretion. Continued use of the Nupro® Online Website following any change constitutes acceptance of the change.
Nupro® Online may suspend or discontinue providing Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
Except as otherwise provided herein, all notices and other communications hereunder by Nupro® Online shall be in writing or displayed electronically on the Nupro® Online website. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed Nupro® Online website; or on the date received, if delivered in any other manner.
The failure of Nupro® Online or any third party supplier of materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Each third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
COMMUNICATIONS TO YOU
You agree that Nupro® Online may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Nupro® Online products or services, or for such other purpose(s) as Nupro® Online deems appropriate.
QUESTIONS AND CONTACT INFORMATION
General questions or comments about Nupro® Online Website may be directed to Nupro® Online Website’s Customer Service Department at http://www.NuproOnline.com/customerservice.
Or by mail to:
Nutri-Pet Research, Inc.
227 Highway 33 East
Manalapan, NJ 07726-8363
Or by telephone to: