TERMS AND CONDITIONS
RESTRICTIONS ON USE OF MATERIALS
Nucerity or its licensors exclusively own the copyrights in and to all material provided on this Site. Except as stated herein, no material from the Site or any website owned, operated, licensed or controlled by Nucerity, may be copied, reproduced, republished, uploaded, posted, transmitted distributed in any way, or used to create derivative works. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws and other laws. Except under certain circumstances, Nucerity and its suppliers do not grant any express or implied rights to the Site.
The Site may contain information regarding independent distributors of Nucerity. Use of the Site for collection of distributor contact information by third parties for solicitation or for any other purpose is strictly prohibited.
This Site is controlled and operated by Nucerity from its offices in Houston, Texas. Nucerity makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Nucerity and its licensors, unless otherwise noted. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. You are not permitted to use the trademarks without a contractual license separately granted by Nucerity. For further information refer to our Code of Ethics and Policies and Procedures.
Links to third-party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave this Site. Nucerity has not reviewed all third-party sites and does not control and is not responsible for any of these sites or their content. Nucerity does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third-party sites linked to this Site, you do so at your own risk. Please submit via fax your request to link to this Site at (713) 456-3027, Attn: Compliance. If you would like to link to this Site, the following guidelines apply:
A site that links to the Site:
- Should not imply, either directly or indirectly, that Nucerity is endorsing its products or services or those of any third party;
- Should not use any Trademarks (i.e., the Nucerity® logo);
- Should not contain content or material that could be construed as offensive,
controversial or distasteful and should only contain content that is appropriate
for all age groups;
- Should not disparage Nucerity, its products or independent distributors in any
way or otherwise negatively effect or harm the reputation and goodwill of
Nucerity or its independent distributors;
- Should not present false or misleading information about Nucerity or its
- Should not misrepresent any relationship with Nucerity;
- Should not replicate in any manner any content in the Site; and
- Should not create a browser or border environment around Site material.
Any material, information, idea or other communication you transmit to or post on this Site by any means (“Communications”) will be treated as nonconfidential and nonproprietary, and may be disseminated, reverse engineered, repurposed, commercialized or used by Nucerity and/or its designees for any purpose whatsoever including, but not limited to, developing and manufacturing products. Nucerity will have no obligations with respect to the Communications. Nucerity and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
use of the Site is true, accurate and complete. You will maintain and update such information as needed, such that the information remains true, accurate and complete. YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN SUCH CONTENT OR ANY PARTS OF SUCH CONTENT.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NUCERITY IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, NUCERITY EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, NUCERITY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE OR AS THE MANUFACTURERER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NUCERITY NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY OF INFORMATION IS SUBJECT TO CHANGE WITHOUT ADVANCED NOTICE.
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER NUCERITY NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND
DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM NUCERITY OR THE SITE OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERURRUPTION IN SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO NUCERITY RECORDS OR THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Nucerity and its subsidiaries, affiliates, officers, partners, owners, and employees harmless from any claim or demand including reasonable attorneys’ fees, expert witness fees, and costs of litigation made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, and use of the Site or access to the Site without Nucerity’s express written consent.
This Site is controlled by Nucerity headquartered in Houston, Texas. Any and all disputes regarding, or related to, this Agreement, and all other documents incorporated herein, shall be governed and construed in accordance with the laws in the State of Texas, and shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted under its rules, and the arbitration proceeding shall be held in Harris County, Texas. The arbitration shall be conducted before a single arbitrator, and shall not be conducted on a class-wide, class action, or multiple complaining party basis. The prevailing party shall recover its attorney’s fee and costs from the losing party.
The Site may contain links to other websites, content, or resources. These linked Sites are not under the control of Nucerity and therefore Nucerity is not responsible or liable for any content, advertising, products, services, or other matters on or available from such sites or resources from such advertisers or third parties, and that You shall not seek to recover any damages, whether at law or in equity, from Nucerity arising out of, or related to, any such third parties or other companies. Your communications or business dealings with, or participations in promotions of, advertisers or other third parties found on or through Nucerity, are between you and such advertisers or third parties. You agree that Nucerity shall also not be responsible or liable for any loss or damage of any kind related to such dealings with advertisers or third parties.
You agree not to violate or attempt to violate the security of this Site including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication
measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding.
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. If Nucerity fails or declines to enforce any right or provision in these terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by Nucerity in writing. Your use of the Site is subject to the additional disclaimers that may appear throughout the Site. If you violate these terms, Nucerity reserves the right to terminate access to the Site and related services to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.
Questions or Comments
NuCerity International Attn: Customer Support 7880 San Felipe, Suite 200 Houston, TX 77063
(800) 961-2291 Customer Support
Rev: January 16, 2014