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TERMS OF USE
Welcome to Nvr String’s web site (the “site”). Please
review this document because it governs use of the Site.
YOUR USE OF THIS
SITE CONSTITUTES YOUR AGREEMENT (or ratification of it) TO FOLLOW THESE
TERMS OF USE(“Terms”)
These Terms are separated into two parts. Part One
applies to all users, while Part Two only applies to users that purchase
from us. You should feel free to skip Part Two if you are just “window
shopping”. Additional terms may appear on our Site in connection with
particular activities or transactions, and as to that transaction or
activity, those will apply in addition to these Terms. “We,” “us” means “Nvr
Strings”. The protection in these Terms, extend to Nvr Strings current or
future affiliates.
Part One
WINDOW SHOPPING INFORMATION; ACCURACY CAUTION
Most Nvr Strings products displayed on our Site are
available in select stores or other retail stores in the United States while
supplies last. In some cases, merchandise displayed on the Site may not be
available in stores. The prices displayed on the site are quoted in U.S.
dollars and may be different than prices in the stores or from some
advertised prices.
From time to time there might be information on the
Site that is outdated or contains typographical errors, inaccuracies, or
omissions (collectively. “Inaccuracy”), including any relating to product
descriptions, pricing, availability or other information. We reserve the
right to correct any Inaccuracy even if you have already placed your order.
We apologize for any inconvenience this may cause you. Please note that
while we have tried to accurately display the various colors and products,
the actual colors will depend on particular technical specifications and
settings of your computer and its display and, therefore, the colors may not
be accurate. Even when there is no Inaccuracy, the product descriptions are
intended to provide information only. They are not to be express warranties
and you agree not to rely on them as such.
AMENDMENTS
You are bound by the posted version of the Terms each
time you use the Site. Now and in the future, that version includes a
reservation by us of the right, from time to time, to modify, alter or
update these Terms. We will provide notice that the terms have been amended
by changing the Terms Effective Date shown in the footer of the Site pages.
Just look there and if you see a new date, review it because the latest
version will apply in all respects until the next version, including (but
not limited) to incomplete transactions and information we then or later
have. THE USE OF THIS SITE AFTER THE EFFECTIVE DATE OF A NEW VERSION
CONSTITUTES YOUR AGREEMENT TO THE NEW VERSION, SO IF YOU DO NOT AGREE DO NOT
USE THE SITE.
SITE CONTENTS
The design, content and software on or relating to this
Site and all its Site materials, including, without limitation, data,
images, illustrations, designs, icons, photographs, video clips, software,
text and other information (collectively, the “Contents”), are the property
of Nvr Strings. Nvr Strings retains the title to all the Content and is
protected by U.S. and international copyright, trademark, trade dress and/or
other intellectual property laws, or by this contract or notices, including
robot exclusion headers or technological measures. In particular, Nvr
Strings is a trademark, and the other trademarks appearing on the Site are
the property of their perspective owners.
NO COMMERCIAL USE; NO EXTRACTION OR INTERFACE
You may use the Site solely for personal, lawful and
non-commercial purposes in compliance with these Terms. You may print or
store your personal records, copies of these Terms and of screens from the
Site relevant to your order (if any) or other transaction. You may not
otherwise copy, publish, transmit, distribute, display, modify, create
derivative works from, sell or exploit in ant way, all or of anything
related to the Site including Contents.
Much of the Site Content is proprietary. You agree that
you will not do or attempt to do any of the following without our express
written permission: (1) use any robot, spider, scraper or other automated
means to access the Site or extract data; (2) do anything that might bypass
or circumvent measures employed to prevent or limit access to any part of
the Site or Content; (3) impose a significant burden (as determined by us)
on our infrastructure; or (4) interfere with the ordinary operation or
business of the Site.
FEEDBACK AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding our
Site, products and services. We will not, however, accept confidential or
proprietary information. Accordingly, all comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered to
Nvr Strings on or through this Site or otherwise (collectively, “Feedback”),
shall be deemed non-confidential and become and remain Nvr Strings property.
The disclosure, submission or offer of any Feedback will constitute an
assignment to Nvr Strings of all worldwide right, titles, interests and
goodwill in the Feedback. Nvr Strings is and shall be under no obligation
(1) to maintain any Feedback in confidence; (2) to pay to user any
compensation for any Feedback; (3) to respond to any Feedback.
You agree that no Feedback will: (a) violate any right
of any third party, including copyright, trademark, privacy or other
personal or proprietary right(s), or (b) be libelous or otherwise unlawful,
abusive or obscene. You are solely responsible for the content of any
Feedback you provide and agree to indemnify and hold us and our Affiliates
harmless from and against any claims made regarding it.
PRIVACY POLICY; YOUR CONSENT TO EMAIL MESSAGES
The Terms of the Privacy Policy are part of these Terms
of Use and are incorporated in here. You agree that Nvr Strings may send
electronic mail to you regarding transactions with us or as allowed by law
or the Privacy Policy.
NO WARRANTIES RE
SITE
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL
CONTENTS AND ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. NVR STRINGS AND
ALL OF ITS SUPPLIERS AND AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OR
DUTIES OF ANY KIND, EITHER EXPRESSED, STATUTORT OR IMPLIED, INCLUDING
WITHOUT LIMITITATION, ANY (IF ANY): IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OF TITLE OR NON-INFRINGMENT;
WARRANTIES OR DUTIES REGARDING LACK OF INACCURACY OR OF COMPUTER VIRUSES OR
OF EFFORT; AND IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF
DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK AND EXPENSE.
EXCLUSION OF
MOST DAMAGES; LIMITATION OF LIABILITY
IN NO EVENT SHALL NVR STRINGS OR ANY OF ITS AFFILIATES
OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, EVEN IF NVR STRINGS OR AN AFFILIATE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE OR ANT OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR THE SITE AND INCLUDING BUT NOT LIMITED TO CONTENTS, SERVICES, USE,
PERFORMANCE, OR THE LACK OF ANY OF THE FOREGOING.
EXCLUSIVE
REMEDY
YOU AGREE THAT EXCEPT AS SET FORTH IN PART TWO, YOUR
SOLE REMEDY FOR ANY BRANCH OF THESE TERMS OR ANY OTHER CAUSE OF ACTION
RELATING TO THE SITE SHALL BE, AT OUR OPTION, REPAIR, SUBSTITUTION OR
REPLACEMENT OF ALL OR PART OF THE CONTENTS OR SERVICE GIVING RISE TO DAMAGES
ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE. You agree that the damage
exclusions and liability limitations in these Terms shall apply even if any
remedy fails of its essential purpose.
ACCESS AND TERMINATION
Either of us (you or us) may terminate these Terms at
any time without notice. We may also deny or suspend your access to the Site
for any or no reason and without notice. Notwithstanding termination, these
Terms (as amended from time to time) shall continue to apply to any
pre-termination use, information or transaction (if any) or other matter.
ENTIRE AGREEMENT
These Terms, including any disclosures we make on the
Site and any consents or agreements you provide during your visit,
constitute the entire agreement between you and Nvr Strings with respect to
the Site, Contents and transactions (if any). They also replace and
supersede all other (prior or contemporaneous) communications in any medium
between you and Nvr Strings, including any previous tears on preliminary
versions of our Site or affiliated sites, except for consents that you have
previously provided. If part of these Terms is determined to be
unenforceable, then part will be deemed superseded by an enforceable
provision that, to the extent possible, most closely matches the intent of
the original and honors the allocation of risks in these Terms—the remainder
of the Terms will continue in effect.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to other websites. Nvr
Strings does not assume any responsibility for those sites, nor does it
endorse or otherwise recommend such sites or the services they offer. Nvr
Strings provides the links solely for the convenience and information of its
Sites users.
QUESTIONS; NOTICE FOR CALIFORNIA USERS
The Site is provided by NVR STRINGS L.L.C. If you have
any questions, comments or complaints, feel free to contact us by email at
info@nvrstrings.com by phone
1-866-339-9315 or by regular mail at; P.O. Box 1795 San Marcos, Ca. 92079.
Under California Civil Code Section 1789.3, California
subscribers also are entitled to the following information: the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted by writing at 1020 N. St.,
501, Sacramento, Ca 95814 or by telephone at 1-916-445-1254 or
1-800-952-5210.
Part Two
This part applies in addition to Part One if you
register or purchase a product through the Site In addition to all of the
above; your offers to make online purchases from us are governed by the
following provisions.
PRODUCT AND ORDERING INFORMATION; DESTINATION
All prices are in U.S. dollars and are valid and
effective only for our products ordered and shipped. Taxes and (if any)
shipping and handling charges are additional. All items are subject to
availability and we reserve the right to impose quality limits on ant order,
to reject all or part of an order and to discontinue products without
notice.
PAYMENT; CREDIT FOR REFUNDS AND PRICING
Only valid credit cards may be used and all refunds
will be credited to the same card. By submitting your order, you represent
and warrant that you are authorized to use the designated card and authorize
us to charge your order (including taxes, shipping, handling and any amounts
described on the Site before order submission) to that card. If the card can
not be verified, is invalid, or is not otherwise acceptable, your order may
be suspended or cancelled automatically. You agree to keep all card
information current and that we may submit charges for processing even if
the card has expired by the time we submit it. You must resolve any problem
we encounter in order to proceed with your order.
All prices are subject to change without notice. Taxes
may be adjusted from the amount shown on the billing screens. Several
factors may cause this, such as variances between processor programs and
changes in tax rates. You agree to make and keep a copy of records relating
to your order such as your order confirmation page.
SHIPPING POLICY
You pay all shipping fees. Shipping is by standard
ground delivery or that we otherwise arrange.
If you want special delivery (such as shipment other
than by standard ground delivery), you have to pay for that as well. Details
will be available when you check-out and we reserve the right to change them
from time to time, including the right to cease paying for shopping. We also
reserve the right to impose a handling fee. You agree to be bound by the
details that appear from time to time when you place or complete your order.
Any shipping or handling charges may or may not reflect the actual costs.
All orders placed through the Site are shipment
contracts, not destination contracts, even when we pay for shipping.
Shipping fees are not refunded on returns.
RETURN POLICY
Ordinarily, you may return to us for any good reason,
certain products (this excludes Vixen, Vanish, Vision, Versant and or close
out, sale, wholesale and sample products/swimsuits) purchased at the Site if
you have not worn, used, or washed it and you also do the following:
1-Make the return to us within 7 days of the date it was delivered to
you (as shown by the shipper’s records)
2-Return the product in its original form (e.g., do not remove the
original Nvr Strings tag)
*Note: Shipping fees are non refundable on all
returns.
After we receive your valid return, we will provide one
of the following within a reasonable time: an exchange of merchandise for
the item returned, a credit to the credit card used to pay for the product,
or another remedy that we determine in good faith is appropriate in the
circumstances.
If you do not comply with any of the above conditions,
we reserve the right to refuse the return or to impose different or
additional conditions, including (without limitations) basing our response
on the current sales price.
If you believe a product is defective, please contact
us by phone at 1-866-339-9315 or by email at
info@nvrstrings.com for return
instructions applicable to allegedly defective products.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
The operator of this Site will not give, sell, or
otherwise transfer addresses maintained by the Site to any other party for
the purposes of initiating, or enabling others to initiate, electronic mail
messages. Persons may violate federal law if they: (1) initiate the
transmission to our computers of a commercial electronic mail message (as
defined in the U.S. “CAN-SPAM Act of 2003) that does not meet the message
transmission requirements of that act; or (2) assist in the origination of
such messages through the provision or selection of address to which the
messages will be transmitted.
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