No Thank You Terms of Use

 

Effective Date: July 19, 2020

 

These Terms of Use (“Terms”) are a legal agreement between you and No Thank You, LLC (“NTY,” “we,” “us,” or “our”) that governs your use of NTY’s website (located at https://nty.co) and any related services operated or provided by NTY (collectively, the “Services”) and Products, as defined below. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES,  LIMITATIONS ON LIABILITY AND WAIVER OF A RIGHT TO A JURY TRIAL. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.

  1. Eligibility

The Services are available only to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen. If you are under the age of majority in your state or country and you wish to use the Services, please ask your parent or guardian to create an Account using your parent or guardian’s name and other personal information, and do not provide your personal information on the Services.

 

  1. Registering with Us

Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you purchase a Product. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you, including purchase of Products. You agree to notify us immediately at using the contact information provided in Section 21 if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

 

  1. Product Information

The products displayed on the Services (the “Products”) can be ordered and delivered only within the U.S.. All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the U.S. All material and information presented on the Services is intended to be used for personal, educational or informational purposes only. The statements made about the Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and Products sold through the Services are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or Product from NYT it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor.

 

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the Products’ ingredients to avoid potential allergic reactions. Use of the Services is not meant to serve as a substitute for professional medical advice: these Services are solely online stores for the Products. Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from the Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. NTY does not give or intend to give any answers to medical related questions and the Services do not replace any medical professional or medical resource. NTY does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Services. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

 

  1. PRODUCT SALES

We cannot guarantee the accuracy of the Product descriptions, Product images, pricing, promotions, availability, ingredients or other information or content on the Services. Any orders placed via the Services are not considered accepted until we have shipped the order. We cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Services, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged. See our FAQ page for returns information.

 

  1. Permitted Use

The Services and all information, materials, and other digital content available through the Services (collectively, the “Content”) are for the personal use and enjoyment of individual users only and may not be used in connection with any commercial endeavors. The Content is the sole and exclusive property of NTY or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.

 

  1. Ownership and Intellectual Property

The Services, Products, and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content, Products, and Services are owned by us or our licensors. All rights are reserved. The Services, Products, and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.

 

All trademarks, service marks, logos, trade names, and any other proprietary designations of NTY used herein are trademarks or registered trademarks of NTY or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.

 

  1. USER GENERATED CONTENT

 

You may be able to post, submit, publish, or display content, or transmit content from your Account (hereinafter, “post”) on the Services (collectively, “User Contributions”). You are solely responsible for the User Contributions that you post via the Services, including its legality, reliability, accuracy, and appropriateness. NTY is not responsible or liable for the content or accuracy of any User Contributions posted by you or any other member of the Services.

 

By posting User Contributions to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to NTY an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

 

NTY is not obligated to review, monitor, delete, or edit postings. However, NTY reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms with or without notice. You agree that you have no recourse against NTY if we refuse to post, or if we delete or refuse to delete, any post by you or other Services’ users.

 

The content standards set out below apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that you will not:

 

  • Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, without our express prior written consent. The number of postings by any member is subject to reasonable limits at the discretion of NTY;
  • Post or deliver any advertisement or solicitation via the Services to buy or sell any products or services, or engage in commercial activities and/or sales, without our prior written consent;
  • Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  • Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Post or deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Post or deliver information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or right of publicity;
  • Post or deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  • Post or deliver information that violates our community guidelines;
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • Use the Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Services or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • Attempt to gain unauthorized access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means; or
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others such as e-mail addresses.

We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the Account of such violators, or taking further legal action.

 

  1. User Feedback

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.

 

  1. COPYRIGHT INFRINGEMENT

NTY will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Contributions on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

929 Colorado Ave, Santa Monica, CA 90401

Phone: (424) 317-7209

 

Email: copyright@nty.co

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. [It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.]

 

  1. LINKS TO OTHER WEBSITES AND SERVICES

The Services may also link to other websites and services (“Linked Services”). Linked Services are not under the control of NTY and NTY is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by NTYof the Linked Services or any association with the operators of the Linked Services. NTY does not investigate, verify or monitor the Linked Services. NTY provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

 

  1. PRIVACY POLICY

Please refer to our Privacy Policy, which describes our practices and policies related to the collection, use, and storage of information about users of the Services, including your Account information. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You expressly consent to the use and disclosure of your personal information and other data and information as may be defined and described in the Privacy Policy.

 

  1. REFERRALS AND GIFTS

You will have the opportunity to refer friends and family to the Services or send Products as gifts. You must only refer friends and family or provide third-party personal information when sending a gift for people who give you permission to share their personal information. The collection, use, and storage of the personal information of referred parties are also be subject to the practices and policies described in our Privacy Policy.

 

  1. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Services, PRODUCTS, AND Content ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NTY MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, Products, OR CONTENT. THE SERVICES, products, AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOes NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. nty IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES, products, OR CONTENT. UNDER NO CIRCUMSTANCES WILL nty BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.

 

  1. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NTY OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE and Products liability), STATUTE OR OTHERWISE, FOR ANY: (I) LOSSES OR damages related to PERSONAL INJURY or loss of life arising from use OR MISUSE of the products, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

 

IN NO EVENT WILL NTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. INDEMNIFICATION

You agree to indemnify and hold harmless NTY and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all third-party claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms.

 

  1. GOVERNING LAW; DISPUTE RESOLUTION

These Terms will be governed by and construed in accordance with the laws of the state of New York, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and NTY each agree to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California, USA. For any dispute or claim you may have arising out of or relating to the Services, Products, Content, or these Terms, you and NTY will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution. Notice to NTY will be sent to the contact information provided in Section 21 (Contact Information). NTY will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. Notwithstanding any provision to the contrary, if for any reason, any claim or cause of action, or any proceeding or other litigation of any type brought by a party against the other party, based upon, arising out of, or related to the Services, PRODUCTS, Content, or these Terms, whether with respect to contract claims, tort claims, or otherwise, proceeds in federal or state court, the parties hereby waive their respective rights to a trial by jury. This waiver applies to any subsequent amendments, renewals, supplements, or modifications to these Terms.

 

  1. CHANGES TO TERMS

We reserve the right to modify these Terms and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means. You will continue to be bound by the Terms you initially accepted until your acceptance of any modified Terms. You may be required to accept modified Terms to continue use of the Services.

 

  1. TERMINATION

You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Policy.

 

Termination will not limit any of NTY’s other rights or remedies. Sections 6 (Ownership and Intellectual Property), Section 8 (User Feedback), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability and Exclusion of Certain Damages), Section 15 (Indemnification), Section 16 (Governing Law; Dispute Resolution), Section 20 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.

 

  1. INTERNATIONAL USE

Please be aware that we are headquartered in the United States and that the Services, Products, and Content are governed by United States law. If you are using the Services, purchasing the Products, or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

 

NTY makes no representation that the Services, Products, or Content are appropriate or available for use in locations outside of the United States, and access to the Services, Products, or Content from territories where such Services, Products, or Content is illegal is prohibited. Those who choose to access the Services, Products, and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services, Products, or Content in violation of United States export laws and regulations.

 

If you use the Services, purchase Products, or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject NTY to any registration requirement within such jurisdiction or country.

 

  1. GENERAL TERMS

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and NTY intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and NTY agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. NTY may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. NTY’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on NTY if it is in a written document signed by v. Both you and NTY warrant to each other that, in entering these Terms, neither NTY nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and NTY, or NTY’s successors and permitted assigns, will have any right to enforce any of these Terms.

 

  1. CONTACT INFORMATION

If you have any questions, please contact NTY at:

 

Email:    cs@nty.co

Phone: (424) 317-7209

Mail:      929 Colorado Ave

Santa Monica, CA 90401