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This Terms of Use Agreement governs your use of, or any purchase from, this website (the “Site”), and constitutes an agreement between you and NOMADESSENCE ™ (“NOMADESSENCE ™”, “we” or “us”). This Terms of Use incorporates by reference the Pricing, Order and Shipping Policies set forth at nomadessence.com (together, the Terms of Use and the Pricing, Order and Shipping Policies are hereinafter referred to as the “Agreement”). Please read this Agreement carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. NOMADESSENCE ™ reserves the right to change or modify this Agreement or any policy or guideline of this Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to this Agreement, you must stop using the Site.
The Site and all content and other materials, including, without limitation, NOMADESSENCE ™’s logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of NOMADESSENCE ™ or its licensors and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
NOMADESSENCE ™ grants you a personal, limited, non-sublicensable license to access and use the Site and Site Materials to review and purchase products and services available on the Site only. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any Site Materials, including any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use the Site in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of NOMADESSENCE ™, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. NOMADESSENCE ™ may revoke this license at anytime. You hereby agree that you will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Site and Site Materials.
In order to access certain Site services, you may be asked to create an account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all inquiries marked “required.” You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that NOMADESSENCE ™ may contact you and require you to confirm some or all of your Registration Data before using certain Site services. You are responsible for maintaining the confidentiality of your Account credentials and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify NOMADESSENCE ™ of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
In the course of using the Site, you may transmit or otherwise make available certain content, specifications, plans, designs, or drawings (collectively, the “User Transmitted Content”). Unless otherwise stated in this Agreement or our Privacy Policy, by submitting the User Submitted Content, you represent and warrant that: (i) you are at least eighteen (18) years old; (ii) you own and control all rights to the User Submitted Content you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide the User Submitted Content; (iii) the User Submitted Content is accurate and not misleading; and (iv) transmission or providing such User Submitted Content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such User Submitted Content. Also, you understand and agree that NOMADESSENCE ™ retains the right to reformat, excerpt or translate any User Submitted Content provided or transmitted by you. NOMADESSENCE ™ has no obligation to monitor content you provide or transmit; however, it does reserve the right to monitor and review any User Submitted Content you provide or transmit, and to edit or refuse to post any User Submitted Content you provide or transmit, in whole or in part, in its sole discretion. You understand and agree that NOMADESSENCE ™ will not be liable for any User Submitted Content, publicly posted or privately transmitted via the Site. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Site. Additionally, we cannot guarantee that any User-Submitted Content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Site or any other products or services of NOMADESSENCE ™ (collectively, “Feedback”), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOMADESSENCE ™ DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES, SITE MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOMADESSENCE ™ DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, THE INFORMATION AND SERVICES PROVIDED ON THE SITE AND THE MERCHANDISE OFFERED AND SOLD AT THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, AVAILABILITY, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. NOMADESSENCE ™ MAKES NO WARRANTIES THAT THIS SITE, THE SERVERS OR EMAIL SENT FROM THIS SITE OR NOMADESSENCE ™, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOMADESSENCE ™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN FEDERAL OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL NOMADESSENCE ™ OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY OF THE MATERIALS OR PRODUCTS SOLD FROM THE SITE, (II) ANY INABILITY TO USE THE SITE OR ANY OF THE MATERIALS OR PRODUCTS SOLD FROM THE SITE, FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF NOMADESSENCE ™ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NOMADESSENCE ™ OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AFFILIATES ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ANY OF THE MATERIALS OR PRODUCTS SOLD FROM THE SITE EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to hold harmless, defend and indemnify the NOMADESSENCE ™ and its employees, officers, directors, owners and affiliates (the “NOMADESSENCE ™ Providers”) from all liabilities, claims, demands, and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Site or Site Materials, including, without limitation, any actual or threatened suit, demand or claim made against any NOMADESSENCE ™ Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of the Site or Site Materials; or (iv) any content that you store on or transmit through the Site. NOMADESSENCE ™ may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with NOMADESSENCE ™ in such an event.
NOMADESSENCE ™ may, as a convenience to its users, make links to third-party Web sites or resources available on or through the Site. NOMADESSENCE ™ is not responsible in any way for and does not make any representation, warranty or guarantee regarding any third-party Web sites and resources which may be accessed through the Site. In addition, NOMADESSENCE ™ does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Contents © 2018, NOMADESSENCE ™, Inc. All Rights Reserved. All content included on this Site including but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NOMADESSENCE ™ or its licensors and protected by the United States and international copyright laws. The compilation of all content on this Site is the exclusive property of NOMADESSENCE ™ and protected by the U.S. and international copyright laws. Any rights not expressly granted herein are reserved by NOMADESSENCE ™.
NOMADESSENCE ™ and any other NOMADESSENCE ™ graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of NOMADESSENCE ™ or its affiliates in the U.S. and/or other countries. NOMADESSENCE ™’ trademarks and trade dress may not be used in connection with any product or service that is not NOMADESSENCE ™’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NOMADESSENCE ™. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
NOMADESSENCE ™ strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Site Materials available on or available via the Site infringes upon any copyright you own or control, or that any link made available on or through the Site directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
Sign the Infringement Notice and send the written communication to Address to be furnished.
NOMADESSENCE ™ may provide you notice of changes or any other matter by displaying notices to you generally through the Site or, at its option, by using any contact information you have provided to NOMADESSENCE ™. You agree that notice by the foregoing means shall be deemed complete when transmitted by NOMADESSENCE ™. All notices to NOMADESSENCE ™ (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to: NOMADESSENCE ™, address to be furnished
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
YOUR USE OF THE OFFERINGS AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, USA. AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN DELAWARE, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR SITE MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
NOMADESSENCE ™ may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Site or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by NOMADESSENCE ™, your License shall automatically terminate with respect to the Site and you must immediately stop using the Site.
NOMADESSENCE ™ is committed to protecting your privacy. The personal information you provide to us as part of any Site is governed by our Privacy Policy. Please read it carefully to understand our information practices before using the Site.
