Terms of service
# Your Acceptance
Welcome to the Terms of Service for Nectar Patches. This is an agreement ("Agreement") between Nectar Patches, LLC ("Nectar Patches"), the owner and operator of the nectarpatches.com website and any other Nectar Patches branded sites along with any products sold or services offered via the website (collectively the "Site") and you ("you", "your" or "user(s)"), a user of the Site.
Throughout this Agreement, the words "Nectar Patches," "us," "we," and "our," refer to our company, Nectar Patches, LLC as is appropriate in the context of the use of the words.
By clicking "I agree," purchasing any products, or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so.
Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement. BY AGREEING TO THIS AGREEMENT, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTES SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE US BY SOMEONE ELSE.
# Information Submission
Users may be required to register or submit information to the Site before accessing portions of the Site. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Site. Where we offer account sign-ups, users may only register for one account. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Nectar Patches immediately of any unauthorized use of your account or any other breach of security. Nectar Patches will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
# Ownership
The Site and any related services provided are owned and operated by Nectar Patches including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Site or available via a link from Site to a page created by Nectar Patches on another website (collectively, the "Nectar Patches Content"). The Nectar Patches Content is the sole property of Nectar Patches and/or its licensors. All Nectar Patches Content is protected by US and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Nectar Patches Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Nectar Patches is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Nectar Patches Content.
# Medical Disclaimer
Any information or Nectar Patches Content found on the Site is for general informational purposes only and is not an endorsement, guarantee, or warranty of any kind. Do not take any actions or refrain from taking actions based on any information found on the Site. Do not delay receiving treatment for any health or medical issues due to any information or Nectar Patches Content found on our Site. NECTAR PATCHES DOES NOT PROVIDE MEDICAL OPINIONS OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Please consult with your physician or other healthcare provider if you have health or medical related questions before using any of our products or relying on any information found on the Site. You should discuss any medications or nutritional supplements you are using with your physician or healthcare provider before using any new medications or supplements. The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
# Privacy
Please read Nectar Patches' Privacy Policy for more information regarding our collection and use of your information. The Nectar Patches Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Site or purchasing any products. You may not be required to create a user account when you use our Site; however, we may collect information from you when you decide to order any products via the Site.
# Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, intellectual property, legal, or other reasons.
# Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Nectar Patches. Nectar Patches has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Nectar Patches will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly release Nectar Patches from any and all liability arising from your use of any third-party website.
# Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Nectar Patches responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Nectar Patches;
- You may only use the Site for personal and non-commercial purposes;
- You agree not to interfere with or disrupt the Site;
- You agree not to violate any United States' federal laws, state laws, or local laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Nectar Patches reserves the right to suspend or terminate your access at any time without notice or explanation.
# Intellectual Property
The name "nectarpatches.com," "Nectar Patches", the design of the Nectar Patches Site along with Nectar Patches created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein ("Marks"), are owned by or licensed to Nectar Patches. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Nectar Patches reserves all rights to the Marks not expressly granted.
# User Content
A user's ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as "User Content" throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Nectar Patches does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Nectar Patches, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Site.
# Orders and Payment
Nectar Patches may allow you to purchase items through our Site. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
# Order Acceptance
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation ("Order Confirmation"). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse shipments of products to you and to cancel any orders for any reason at any time. Orders need time to process and prepare for shipping; however, please be aware that some purchases may take additional processing time.
# Refunds
If you are unsatisfied for any reason with a purchase from the Site, Nectar Patches offers a thirty (30) day full refund policy from the date of your initial purchase. If you are unsatisfied with your initial purchase, you may request a refund within thirty (30) days by contacting us.
To initiate a refund, please contact us at contact@nectarpatches.com. Please include in the title of your email "Refund". In the body of the email, please include your name, contact information, shipping address and reason for refund. Please be aware that we reserve the sole right and discretion to determine whether your purchase is eligible for our refund policy. Where you are eligible for a refund your refund will be processed and your payment method on file shall be credited. Please be aware that some refunds take up to two billing cycles to appear on your selected payment method.
# Chargebacks
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
# Credit Card Declines
Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
# Shipping
At checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products we cannot guarantee shipping times. Depending where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. Before we can ship your order, Nectar Patches must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
# RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier.
# Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes, including, but not limited to, any customs fees and/or import duty. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
# Subscriptions
Nectar Patches may offer monthly subscriptions for some products offered for sale on the Site. Where you decide to purchase a subscription, your payment information shall be logged for your convenience. AFTER YOUR TRIAL (IF ANY), IF YOU HAVE PURCHASED A SUBSCRIPTION AND YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, NECTAR PATCHES MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD OR BY CONTACTING US. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION (EXCLUDING TRIAL)) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION. IF YOU WOULD LIKE TO CANCEL YOU MAY CANCEL YOUR AUTOMATIC SUBSCRIPTION BY NOTIFYING US AT CONTACT@NECTARPATCHES.COM OR BY ACCESSING YOUR SUBSCRIPTION INFORMATION IN YOUR ACCOUNT AND CANCELLING YOUR SUBSCRIPTION.
# Termination of Your Subscription
You may cancel your subscription at any time via your account or by contacting us at contact@nectarpatches.com. Any subscriptions cancelled during the subscription period will continue until the end such period.
# Product Issues, Availability, and Pricing
It is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Site available and on hand, there may be times where such products or specific sizes or colors, are unavailable.
We attempt to have updated pricing on our Site. However, as many products are listed and as prices may consistently change, we cannot guarantee that any price displayed is the correct price for any of the products listed on our Site. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
# Product Photos and Sizing
Please be aware that all photos of any products on the Site are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all quantity and flavours.
[The entire Terms of Service document remains the same as in the previous artifact, with the following changes:]
# Copyrights
[...]
You must sign this notification and send it to our Copyright Agent: Nectarpatch, 6600 Sugarloaf Pkwy ste 400 201, Duluth Georgia 30097, United States, or via email: contact@nectarpatches.com. All counter notices may be sent in the same fashion.
# Choice of Law
This Agreement shall be governed by the laws in force in the state of Georgia. The offer and acceptance of this contract is deemed to have occurred in the state of Georgia.
# Forum
By using this Site, you agree that: [...]
(2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Duluth, Georgia or at such other location as may be mutually agreed upon by you and Nectar Patches; (3) the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; [...]
# Arbitration Opt Out
You may opt-out of this dispute resolution provision by notifying Nectar Patches within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Nectarpatch, 6600 Sugarloaf Pkwy ste 400 201, Duluth Georgia 30097, United States, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Nectar Patches through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Gwinnett County, Georgia.
# California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Nectar Patches must be sent to Nectarpatch, 6600 Sugarloaf Pkwy ste 400 201, Duluth Georgia 30097, United States, or via email: contact@nectarpatches.com
© 2024, Nectarpatch. 6600 Sugarloaf Pkwy ste 400 201, Duluth Georgia 30097, United States