The Noluma International, LLC, its affiliates, and subsidiaries (collectively “Noluma”), offer this site to you subject to the following terms and conditions (“Terms”). Your use of this Site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact us.
General Use Restrictions
Noluma or third parties granting rights to Noluma hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Noluma or such third parties. Noluma grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Noluma™ website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Noluma.
Noluma does not routinely monitor your postings to the Site but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if Noluma becomes aware of inappropriate use of the Site or any of its Services, Noluma will respond in any way that, in its sole discretion, Noluma deems appropriate. You acknowledge that Noluma will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Noluma will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Noluma™ has several websites offering products, services, content, and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. Noluma does not make any warranty or representation that a user in one region may obtain the services from the Noluma™ site in another region and Noluma™ may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information Noluma publishes on the World Wide Web (note: “Internet” used above) may contain references or cross-references to Noluma™ products, programs, and services that are not announced or available in your country. Such references do not imply that Noluma intends to announce such products, programs or services in your country. Consult your local Noluma™ business contact for information regarding the products, programs, and services that may be available to you.
From Noluma™ to Third-Party Websites
In your use of this Noluma™ website, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers, members or sponsors of this website. Any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Noluma has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
This website may be linked to other sites on the World Wide Web (note: “Internet” used above) that are not under the control of or maintained by Noluma. Such links do not constitute an endorsement by Noluma of any such sites. You acknowledge that Noluma is providing these links to you only as a convenience, and you agree that Noluma is not responsible for the content or links displayed on such sites to which you may be linked.
From Third-Party Websites to Noluma™
All links to Noluma™ websites by third parties (“linking party”) must be approved in writing by Noluma, except that Noluma consents to links in which the link and the pages that are activated by the link do not:
- Create frames or border environments around any page or materials on the Noluma™ website or use other techniques that alter in any way the visual presentation or appearance of any content within the Noluma™ website;
- Create comparisons of Noluma™ products or services with competitive products or services;
- Shall not replicate any materials on that Noluma™ website or any Noluma™ logo or trademark without separate writing consent by Noluma;
- Misrepresent your relationship with Noluma;
- Imply that Noluma approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;
- Present false or misleading impressions about Noluma or otherwise damage the goodwill associated with the Noluma™ name and trademarks;
- Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law;
- Contains content that could be construed as obscene, pornographic or sexually explicit materials; and
- Shall contain only content that is appropriate for all age groups.
As a further condition to being permitted to link to this site, the linking party agrees that Noluma may at any time, in its sole discretion, terminate permission to link to this website. In such event, the linking party agrees to immediately remove all links to this website.
By linking to the Noluma™ Website, linking party agrees to indemnify and hold Noluma safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Noluma shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Noluma makes no warranties express or implied, with respect to such links.
If, according to the above terms, the linking party’s requirement to link to a Noluma™ website requires approval by Noluma, or the linking party is in any doubt about the linking party’s need to have the link approved, please use the contact us form describing your request in the message area.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Noluma. Noluma does not warrant the accuracy or timeliness of the materials. Noluma has no liability for any errors or omissions in the materials, whether provided by Noluma or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. Noluma, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. Noluma WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF Noluma HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, Noluma DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures, and other representations of products on this site may contain inaccuracies and errors. Noluma does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may change without notice to you at any time in the sole discretion of Noluma.
Noluma shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Noluma shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Noluma shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
Noluma controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Noluma™ and the Noluma™ Logo are trademarks of The Noluma™ International, LLC. ©2015 The Noluma International, LLC.
Noluma may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
Any action related to these Terms will be governed by the law of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Noluma and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.