Terms and Conditions
Updated July 28, 2020
These Terms and Conditions (“Terms”) are a legal contract between you, as a visitor and user of the Nufargoglobal.com website (“Website”), and NuFargo Global Inc. (“we”, “us” or “our”). Please read these Terms carefully. YOU ARE REQUIRED TO ACCEPT THESE TERMS BEFORE USING THIS WEBSITE OR CREATING AN ACCOUNT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU MUST DISCONTINUE USE IMMEDIATELY. We may revise and update these Terms from time to time without notice. Your continued use of this Website means that you accept and agree to the revised Terms.
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, all content or materials on this Website are the sole property of NuFargo Global Inc. and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions. These proprietary, protected materials include all source code, databases, functionality, website designs, text, photographs, audio, video and graphics on the Website, and the trademarks and logos contained therein. No part of this content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2. USER ACCOUNTS
A NuFargo account is required for accessing certain password-restricted areas of this Website (such as completing orders and viewing your order history). You can register an account with us by clicking the Log in/Register link on the Website. You will be asked to provide a working email address, your first name and last name, and a preferred username and password. Once you submit the required registration information, we will determine whether or not to approve the account. If approved, you will be sent an email confirming the successful registration of your account.
For so long as you use the account, you agree to provide true, accurate, current and complete information, which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website. It is also your responsibility to maintain the confidentiality of your password. You are responsible for all activity in your account and any use of your password. Should you believe your password or security for this Website has been breached in any way, you must immediately notify us.
If you forget your password, you can click the “Loss your password?” link and provide your email address, and an email will be sent to you to allow you to reset the password.
If you provide any information that is untrue, inaccurate or incomplete, or incur certain violations of these Terms, we have the right to suspend or terminate your account without any prior notice to you, and refuse any and all current or future use of the Website (or any portion thereof).
3. TERMS OF SALE
When you purchase goods from the Website (“Products”), payment may be made by credit card, debit card or any other such method as we may introduce on the Website. You must provide valid credit or debit card information on the Website’s order form. This information includes, but is not limited to, your credit card number, the expiration date of your credit card, the CVV information, your billing address and the name as it appears on the card. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER, which is subject to change at our exclusive discretion.
Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.
By submitting such credit or debit card information, you give us permission to charge your purchases to the card that you designate on the order form. You represent and warrant that:
- You have the legal right to use any credit card(s) or other payment method(s) submitted on the Website in connection with any purchase of Products
- The charges incurred by you on the Website will be honored by your credit card company
- You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order
- The information you supply to us is true, correct and complete
Situations may arise in which we cannot accept and must cancel certain orders. These situations include limitations on quantities available for purchase; inaccuracies or errors in Product or pricing information; Product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group
We reserve the right to cancel any order, at any time and for any reason, including in cases where fraud or an unauthorized or illegal transaction is suspected. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
We will not be responsible for any charges that your card issuer may apply to you as a result of our processing your order; if your card issuer refuses or fails to authorize payment by you; or any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.
Product Listing Errors
We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
We reserve the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer email and/or billing address provided should such limits be applied.
Shipping and Returns
For additional terms relating to shipping and returns, please refer to our Shipping and Return Policies.
4. LINKS TO THIRD-PARTY SITES
We sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We do not control any of the third-party websites and are not responsible for the content, products or services available through these sites, nor do we endorse or make any representations about these sites. Therefore, you should use your best judgment and exercise caution when accessing any third-party website.
5. USER SUBMISSIONS
Certain areas of this Website (e.g., blogs and customer ratings and reviews) may permit you to submit feedback, information, data, text, software, messages or other materials (“Submissions”). You agree that you are solely responsible for all of your Submissions and that such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submissions you have submitted.
By sending us your Submissions, you are promising us that:
- You own all rights in the Submissions (including, without limitation, all rights to the reproduction and display of the Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant us the rights in your Submissions as described above
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations arising from any use or commercial exploitation of your Submissions
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights or other legal rights of any third party
- Any information contained in your Submission is not known by you to be false, inaccurate, or misleading
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission
- Your Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own)
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files
- Your Submission does not contain any information that you consider confidential, proprietary or personal
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation
By sending us a Submission, you grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide and royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service)
- Display advertisements in connection with your Submissions and to use the Submissions for advertising and promotional purposes
We may, but are not obligated to, pre-screen Submissions. We are not obligated to host, display or distribute any Submissions on or through this Website and may remove at any time or refuse any Submissions for any reason. Further, you agree that We may freely disclose your Submission to any third party absent any obligation of confidence on the part of the recipient.
6. PROHIBITED ACTIVITIES
You are not permitted to use this Website in any of the following ways (these are examples only and not a complete list of everything that you are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website
- In a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law
- Stalking, harassing or harming another individual
- Impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity
- Interfering with or disrupting this Website or servers or networks connected to this Website
- Using any data mining, robots, or similar data gathering or extraction methods in connection with this Website
- Attempting to gain unauthorized access to any portion of this Website or any other accounts, computer systems or networks connected to this Website, whether through hacking, password mining or any other means.
You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
7. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Los Angeles County, California, and the United States. NuFargo Global Inc. and yourself irrevocably consent that the courts of Los Angeles County and California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
We control and operate this Website from our headquarters in the United States, and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States, you are solely responsible for following applicable local laws.
8. DISPUTE RESOLUTION
If the Parties involved are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.
In no event shall any dispute brought by either Party related in any way to the Website be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
9. MEDICAL DISCLAIMER
None of the information, content or material on the Website is intended to serve as healthcare advice or as a substitute for the diagnosis and treatment of any health condition by a qualified physician or healthcare professional. You should consult with your own healthcare professionals with respect to any such advice, care, diagnosis or treatment. You understand and agree that we are not responsible for any injury, claim, loss or damage that directly or indirectly may result from your use of the Information.
The products sold on the Website are supplements, not drugs. These products are not intended to diagnose, treat, cure or prevent any disease, and statements on the Website about these and any other products may not have been evaluated by the Food and Drug Administration. You agree to read all labels and package inserts carefully and understand all directions for use, amounts to consume, interactions, warnings and cautions before using any product sold on the Website.
10. DISCLAIMER OF WARRANTIES
This Website and the products are provided “AS IS” and “with all faults,” and the entire risk as to the quality and performance of this website and the products is with you.
We expressly disclaim all warranties of any kind (express, implied or statutory) with respect to this Website and the products, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights.
This means that we do not promise you that the Website or the products are free of problems. Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website shall create any warranty. We disclaim all equitable indemnities.
11. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE, OR RESULTING FROM YOUR PURCHASE OR USE OF PRODUCTS FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING FROM YOUR USE OF THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: If you have a question or complaint regarding the Website or a Product we provide, please contact our customer service at firstname.lastname@example.org.
13. CONTACT US
If You have questions about an order that has been placed via the Website or about these Terms, you can reach us by email at email@example.com or by phone at (800) 557-9088.