NUfloss, Inc.

Terms of Use:

Please review the following terms of use ("Agreement"), which govern your use of NUfloss.app (the "Site"), the NUfloss mobile applications (the “Applications”), and the shopping and other services offered on the Site and the Applications (collectively, the “Services”). Your use of the Site, Applications, and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Applications and Services, and exit the Site.

 

Privacy Policy:

In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site and Applications constitutes your agreement to the terms and conditions of the Privacy Policy.

 

Changes to Agreement and Additional Rules of Usage:

NUfloss reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and Applications, and use of the Services by you, will constitute your acceptance of any changes or revisions to the Agreement.

 

NUfloss also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or Applications, which may be posted in the relevant parts of the Site and Applications and will be clearly identified. Your continued use of the Site and Applications constitutes your agreement to comply with these additional rules.

 

Suspension or Termination of Your Use:

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to NUfloss, Inc.'s other remedies. NUfloss further reserves the right to terminate, without notice, any user's access to or use of the Site and Applications for any reason.

 

Ownership of the Site and Applications and Information:

The Site and Applications are expressly owned and operated by NUfloss Inc. Unless otherwise noted, the design and content features on the Site and Applications, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site and App Information"), are owned by NUfloss or its affiliates or are licensed from third party service providers by NUfloss. The Site and Application, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

 

Site and App Information is Provided "As Is":

Site and App Information is provided "as is" with all faults. You use the Site and App Information, as authorized herein, at your own risk. Site and App Information may contain errors, omissions, or typographical errors or may be out of date. The Site and Applications may change, delete or update any Site and App Information at any time and without prior notice.

 

Use of the Service By You:

The Site and Applications are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site and App Information or the Site and Applications for any purpose without written consent of or agreement with NUfloss. You agree not to make use of Site and App Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or NUfloss. Illegal and/or unauthorized uses of the Site and Applications, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site and Applications, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

 

Non-Commercial Use Only:

The Site and Applications are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site and App Information or the Site and Applications for any purpose without written consent of or agreement with NUfloss. You agree not to make use of Site and App Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or NUfloss. Illegal and/or unauthorized uses of the Site and Applications, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site and Applications, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

 

Eligibility to Use the Site and the Services:

The Site, Applications, and the Services are not intended for users under the age of 18, however users under the age of 18 may access the Site, Applications and the Services as detailed below. To register for any Services offered on the Site or Applications, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site and/or Applications in conjunction with your parents or guardians. NUfloss does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site and Applications. If a child under 13 submits information through any part of the Site or Applications, and NUfloss becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

 

Freight Term, Title Transfer:

Unless otherwise agreed products shall be shipped "FOB Origin" (NUfloss, Inc. 's warehouse), regardless of prepaid freight by NUfloss or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.

 

Disclaimer of Warranty and Limitation of Liability:

You acknowledge that you are using the Site, the Applications, and the Services at your own risk. The Site, the Site and App Information and the Services are provided "as is," and to the full extent permitted by applicable law, NUfloss, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. NUfloss, its affiliates, and its third party service providers do not represent or warrant that access to the Site and Applications and their Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of NUfloss.app.

 

NUfloss, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement, the provision of Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site and Applications, Site and App Information, or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Site and App Information or materials available through third party sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

 

You hereby agree to release NUfloss, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of the Site and Applications and their Services. If you are a California resident, you waive California civil code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

 

Electronic Communications:

When you visit the Site, use the Applications, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site and/or Applications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Jurisdiction and Governing Law:

NUfloss makes no representation that the Site and App Information, the Services or products offered through the Site and Applications are appropriate, available or legal in any particular location. Those who choose to access the Site and App Information and the Services and products offered through the Site and Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Tennessee and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Middle Tennessee. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

 

NUfloss.app is for Use in the United States:

The Site and Applications are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Site and Applications, by visiting the Site, using the Applications, and using their Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site and Applications, their Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

 

Trademark Notice:

NUfloss and the Site and Application names, logos, and other identifying marks are the property of NUfloss. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.

 

SMS Short Code Terms & Conditions:

If you provide your mobile phone number, we may use this information to send you marketing and transactional SMS updates about your requests, orders and other feedback. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply 'STOP' to any SMS message to unsubscribe from SMS updates. Reply 'HELP' to get help or call 800-848-7566. NUfloss does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. NUfloss will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. NUfloss respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the texts to our Customer Care agents. NUfloss respects your right to privacy.

 

Revised: September 2020

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