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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of The Nut Box, LLC.. The collective
work includes works that are licensed to The Nut Box, LLC.. Copyright 2003, The
Nut Box, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy
and print hard copy portions of this site for the sole purpose of placing an
order with The Nut Box, LLC. or purchasing The Nut Box, LLC. products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with The Nut Box, LLC. or to purchase The Nut Box, LLC. products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by The Nut Box, LLC.. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Nut Box, LLC. used in the
site are trademarks or registered trademarks of The Nut Box, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, The Nut Box, LLC.
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. The Nut Box, LLC. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. The Nut Box, LLC.
does not make any warranties or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
The Nut Box, LLC. shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this site
or the performance of the products, even if The Nut Box, LLC. has been advised
of the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Nut Box, LLC. product is mistakenly listed at an
incorrect price, The Nut Box, LLC. reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. The Nut Box, LLC.
reserves 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 cancelled, The Nut Box, LLC.
shall issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by The Nut Box, LLC. without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
The Nut Box, LLC. may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to The
Nut Box, LLC..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of New York, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of The Nut Box, LLC. products) shall be in the state or federal courts
located in the State of New York. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of The Nut Box,
LLC. products) must be commenced within one (1) year after the claim or cause of
action arises. The Nut Box, LLC.'s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. The Nut Box, LLC. may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a The Nut Box, LLC. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
The Nut Box, LLC. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, The Nut Box, LLC. is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, The Nut
Box, LLC. reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to The Nut Box, LLC. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Nut Box, LLC., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Nut Box, LLC. may
link to sites operated by third parties. However, even if the third party is
affiliated with The Nut Box, LLC., The Nut Box, LLC. has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of The Nut Box, LLC.. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, The Nut
Box, LLC. seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).
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