Terms of Service

OVERVIEW

Welcome to NuzTails! Throughout the site, the terms "we", "us" and "our" refer to NuzTails. NuzTails operates this store and website, including all information, content, features, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. NuzTails is powered by Shopify, which provides us with the e-commerce platform that allows us to provide the Services to you.

These terms and conditions and any policies referenced herein (collectively, "Terms of Service" or "Terms") describe your rights and responsibilities when using our Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://www.nuztails.com/pages/privacy-policy). If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to display as accurately as possible the colors and images of our products and services that appear at our online store. However, please note that due to the type of device you use to access the store, as well as your device settings and configurations, product colors or appearance may vary from what is displayed on the screen.

We do not warrant that the quality or appearance of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that they will be identical to the descriptions or presentations in our online store.

We reserve the right, at our sole discretion, to change all product descriptions at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 3 - ORDERS

When you submit an order, you are making an offer to purchase. NuzTails reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until confirmed by NuzTails. We must receive and process your payment before accepting your order. Please review your order carefully before submitting, as NuzTails may not be able to accommodate cancellation requests once the order is accepted. If we reject, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Products purchased by you can only be returned or exchanged in accordance with our Refund Policy (https://www.nuztails.com/pages/refund-policy).

Your purchases are for your personal or household use only and may not be used for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be set out in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, duties, or import fees.

Prices published in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third parties. We may from time to time offer promotional campaigns that affect pricing, which are governed by separate terms and conditions outside of these Terms. In the event of a conflict between promotional terms and these Terms, the promotional campaign terms shall control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by shipping carriers, customs clearance, or events beyond our reasonable control. Once we transfer the products to the shipping carrier, title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are owned by NuzTails, its affiliates, or its licensors, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or any other right to use any patent, trademark, copyright, or other intellectual property of NuzTails, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. NuzTails reserves all rights not expressly granted under these Terms.

The NuzTails name, logo, product and service names, designs, and slogans are trademarks of NuzTails or its affiliates or licensors. You must not use such marks without the prior written permission of NuzTails. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

NuzTails is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are made directly with NuzTails. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and NuzTails, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions at NuzTails.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is governed by our Privacy Policy (available here: https://www.nuztails.com/pages/privacy-policy), and certain personal information may simultaneously be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and third parties (which may be located in countries outside your country of residence) to provide the Services to you. Please refer to our Privacy Policy (https://www.nuztails.com/pages/privacy-policy) to learn more about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform obligations and exercise rights under these Terms of Service.

You represent and warrant that: (i) all Feedback and all necessary rights therein belong to you; (ii) you have disclosed any compensation or incentive received for submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful or malicious purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - AGENTS

14.1 If you use, allow, enable, or facilitate the deployment of an Agent to access, use, or interact with any part of the Services, this section applies (the "Agent Terms"). An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of an individual or entity, or under their direction, and can execute tasks on behalf of an individual or use an individual's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested the Agent to refrain from doing so.

14.3 We may restrict (including through technical measures) whether and how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) declare in all HTTP/HTTPS requests that the request originates from an Agent, and disclose the Agent's name by including the following in the request's User-Agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether the interaction originates from a human or a computer; and (iv) not circumvent or otherwise evade any measures designed to block, restrict, modify, or control whether and how the Agent accesses, uses, or interacts with the Services.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by NuzTails, the service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

SECTION 17 - LIMITATION OF LIABILITY

In no case shall NuzTails, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NuzTails, Shopify and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceable of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, assign, or transfer this Agreement or any rights or obligations under these Terms without our prior written consent, and any such attempted assignment shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where our company is legally registered. Any legal action or dispute arising out of or relating to these Terms of Service shall be brought exclusively in the courts located within the jurisdiction of our company's registration.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at services@nuztails.com.

Our contact information is posted below:

Business Name: NuzTails

Contact Email: services@nuztails.com