TERMS OF USE AGREEMENT BETWEEN USER
AND S&M NUTEC, LLC
Please read this agreement ("Agreement") carefully before accessing or using the S&M NuTec Web site at www.greenies.com (the "Site"). By accessing or using the Site ," You agree to be bound by this Agreement. S&M NuTec provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.
S&M NuTec and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, products or other material on this Site. While S&M NuTec strives to keep the information on this Site accurate, complete and up-to-date, S&M NuTec and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without S&M NuTec's prior written permission You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web site.
PROPRIETARY RIGHTS
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to S&M NuTec. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of S&M NuTec.
ATTN DISTRIBUTORS: YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) immediately notify S&M NuTec, (ii) cease using the Site and any information obtained from the site, and (iii) destroy all copies of your account information, password and any information obtained from the Site.
CONFIDENTIAL INFORMATION
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessay in connection with the Services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is the personally identifiable information of a student or alumnus submitted on the Site or (ii) which is (A) marked "Confidential," "Restricted," or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgement.
RETURN POLICY
Merchandise purchased at www.greenies.com may be returned to our address within 15 days of purchase. Please follow the return instructions detailed on the packing slip. Because we provide a 100% Money Back Guarantee, all the items must be returned in full, and any shipping receipts are required. S&M NuTec will not be responsible for return postage charges.
To return products for whatever reason, carefully repackage the item using the original packing materials or equivalent. Proper packaging is essential to the item arriving intact so that you may receive a refund or exchange. Insure the product for its full value. We will refund the merchandise price upon receipt of the goods in resalable condition. Refunds on items returned after 30 days from delivery are subject to our discretion.
If we made a mistake on your order or if the merchandise arrived in damaged or defective condition, your return surface shipping will be reimbursed. Returns and exchanges generally require 1 to 3 weeks for processing. Credits for returns will be issued to the purchaser of the gift box using the original form of payment.
Cancellation Policy
Because this Site processes orders in "real time" and begins fulfillment immediately after an order is placed, once an order has been submitted it cannot be changed. Products may be returned within 15 days of the date of purchase in accordance with our Return Policy.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to S&M NuTec that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not without the prior written permission of S&M NuTec use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT FOR YOUR RIGHT TO THE 100% MONEY-BACK GUARANTEE, YOUR USE OF THIS SITE AND THE PRODUCTS OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. S&M NuTec EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S&M NUTEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR PRODUCTS; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE PRODUCTS.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than S&M NuTec, or its affiliates. Such hyperlinks are provided for your reference only. S&M NuTec does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by S&M NuTec to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the S&M NuTec privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so.
CHANGES TO SITE
S&M NuTec may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. S&M NuTec may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by S&M NuTec to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between S&M NuTec and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Missouri, County of Jackson. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
S&M NuTec and other logos, product and service names are trademarks and service marks owned by or licensed to S&M NuTec or its affiliates (the "Marks"). Without the prior written permission of S&M NuTec, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2004 S&M NuTec. All rights reserved.
