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By using this website (the "Nefful Websites") you, the user or distributor
as the case may be, ("you") are agreeing to be bound by the current version
of the terms of use provided herein.
Use of Material
All materials included on the Nefful Websites are protected by copyright,
trademark and other laws and are the property of Nefful Corporation, unless
otherwise noted. Unauthorized use of such materials may violate copyright,
trademark and other laws. You may download and print portions of the
materials for non-commercial and informational use. Copies that you make of
the material must bear any copyright, trademark or other proprietary notices
located on the Nefful Websites, which pertain to the material being copied.
Any other sale, modification, reproduction, re-distribution, publication or
re-transmission of any information from the Nefful Websites, in whole or in
part without the prior written permission of Nefful Corporation, is
prohibited.
Disclaimer
The information and services published on the Nefful Websites may contain
typographical errors or technical inaccuracies. Information may be changed
or updated without notice. Nefful Corporation may also make improvements in
and/or changes to the information described in the Nefful Websites at any
time without notice. Nefful Corporation is not responsible for any errors or
omissions in the Nefful Websites or any website which may be referenced
within or linked to any of the Nefful Websites. Nefful Corporation has not
reviewed all of the websites linked to each of the Nefful Websites and is
not responsible for the contents of any such linked websites. Accordingly
Nefful Corporation makes no representations whatsoever concerning the
content of those linked websites. The fact that Nefful Corporation has
provided a link to such websites is not an endorsement, authorization,
sponsorship or affiliation by Nefful Corporation with respect to such
websites, its owners or its providers. Nefful Corporation is providing these
links only as a convenience to you.
INFORMATION ON THE NEFFUL WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON
INFRINGEMENT OR TITLE. NEFFUL CORPORATION MAKES NO REPRESENTATION OR
WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY
MATERIAL ON OR ACCESSIBLE THROUGH THE NEFFUL WEBSITES. ANY RELIANCE ON OR
USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. NEFFUL CORPORATION MAKES NO
REPRESENTATION OR WARRANTY THAT THE NEFFUL WEBSITES WILL BE AVAILABLE ON A
TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE NEFFUL WEBSITES OR THE SERVERS HOSTING SUCH WEBSITES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEFFUL CORPORATION ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA
OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR
CONNECTED WITH THE USE OF OR INABILITY TO USE THE NEFFUL WEBSITES OR THE
USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED
FROM THE NEFFUL WEBSITES, EVEN IF NEFFUL CORPORATION IS EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Public Forums
We make public forums, such as chat rooms, message boards, and/or news
groups ("Public Forums"), available to our distributors. Distributors shall
not submit any material to any such Public Forum which is unlawful,
harassing, threatening, hateful, defamatory, libelous, pornographic,
obscene, sexually explicit or otherwise violates any applicable laws.
Distributors shall not use any Public Forum for any commercial purposes
including advertising or soliciting the sale of any goods or services. Any
information or materials submitted by distributors through the Public Forums
shall be deemed non-proprietary and non-confidential and may be used by
Nefful Corporation. We are not responsible for screening, monitoring or
verifying the contents of any material submitted to the Public Forums and we
are not responsible for the accuracy or reliability of such content. Nefful
Corporation does not endorse any opinion, statement or other material posted
on or accessible through any Public Forum.
Jurisdiction
The materials in the Nefful Websites are presented solely for the purpose of
promoting Nefful products available in the United States. THE PRODUCTS
PROMOTED ON THE NEFFUL WEBSITES ARE NOT FOR SALE OUTSIDE OF THE UNITED
STATES. IF YOU ARE RESIDENT IN ANY COUNTRY OTHER THAN THE UNITED STATES AND
YOU WISH TO PURCHASE PRODUCTS PROMOTED ON ANY OF THE NEFFUL WEBSITES, YOU
SHOULD CONTACT NEFFUL CORPORATION FOR INFORMATION CONCERNING AVAILABILITY OF
NEFFUL PRODUCTS IN YOUR COUNTRY. Nefful Corporation makes no representation
that materials contained in the Nefful Websites are in compliance with the
laws of jurisdictions outside of the United States. Those who choose to
access any Nefful Website from countries outside of the United States do so
on their own initiative and for information purposes only. The terms and
conditions herein shall be governed by the laws of the State of California,
without regard to its conflicts of laws principles. You hereby submit to the
jurisdiction of the courts of the State of California for the purposes of
litigating any lawsuit arising out of or in connection with these terms and
conditions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER
FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF NEFFUL, WITHOUT ADVANCE
NOTICE. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU HAVE READ
THE MOST CURRENT VERSION OF THIS NOTICE.
Nefful owns, protects and enforces copyrights in its own creative material
and respects the copyright properties of others. It is Nefful's policy to
respond as required by law to claims of copyright infringement. The Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)
("DMCA"), provides copyright owners or their authorized agents with a
procedure for notifying service providers (as defined in the DMCA) of claims
of unauthorized use of copyrighted materials. Because Nefful is considered a
service provider within the scope of the DMCA, it must comply with the
notice and procedural requirements of the DMCA. If you believe any material
on this site infringes your copyright or the copyright of any third party,
you should promptly notify the following designated agent of Nefful in
writing:
Nefful USA
18563 E. Gale Ave.
City of Industry, CA 91748
(626) 839 - 6657
Your written notification to the above-referenced designated agent must
include substantially all of the following information:
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been
infringed;
- The exact location of the alleged infringing material;
- The exact location of the link to the alleged infringing material;
- Your address, telephone number and electronic mail address;
- A statement by you that you have a good faith belief that the
disputed use of the copyrighted work is not authorized by the copyright
owner, its agent or the law;
- A statement by you that the above information in your written
notification is accurate and that you are the copyright owner or authorized
to act on behalf of the copyright owner.
Upon receipt of your written notification of an alleged copyright
infringement, Nefful will take the following steps:
- Remove or disable access to the alleged infringing work;
- Forward your notification to the Respondent; and
- Take reasonable steps to promptly notify the Respondent that Nefful
has removed or disabled access to the alleged infringing material.
At this point, the Respondent ("Respondent") may submit a counter
notification in writing to Nefful's designated agent. The counter
notification must include substantially all of the following information:
- An electronic or physical signature of the Respondent or someone
authorized to act on behalf of the Respondent;
- A description of the copyrighted material that has been removed or
disabled;
- The exact location of the material before it was removed or
disabled;
- A statement under penalty of perjury that the Respondent has a good
faith belief that the copyrighted material has been removed or disabled as a
result of mistake or misidentification; and
- The Respondent's name, address and telephone number along with a
statement that the Respondent consents to the jurisdiction of the Federal
Court in the district in which he/she/it resides or, if the
- Respondent's address is outside the United States, a statement that
the Respondent consents to jurisdiction of the United States federal
district court in San Francisco, California.
Upon receipt of a counter notification containing substantially all of the foregoing information, Nefful will take the following steps:
- Send you a copy of the Respondent's counter notification;
- Inform you that Nefful will replace the alleged infringing material
or cease disabling access to it within ten (10) business days; and
- Replace the alleged infringing material that was previously removed
or cease disabling access to it not less than 10 nor more than fourteen (14)
days following receipt of the Respondent's counter notification, unless you
have supplied Nefful's designated agent with evidence that you have filed an
action seeking a court order to restrain the Respondent from engaging in the
alleged infringement that was the subject of your written notification.
Nefful's policy is to terminate the online privileges of individuals who
repeatedly violate the copyrights of others.
CONSUMER DISCLOSURE
CONSUMER DISCLOSURE: If you are a consumer purchasing products or services
online from Nefful for personal, family, or household purposes, you may have
additional rights pursuant to the Electronic Signatures in Global and
National Commerce Act and other applicable state law. Please read the
following disclosure carefully. It describes your rights to elect to
contract electronically with us.
By clicking the "Submit Order To Nefful", (1) you agree and consent to (i)
contract electronically with us for the products or services you have
requested in accordance with this Agreement and (2) you understand that you
are entering into a legal agreement and you intend to be legally bound by
this Agreement. In order to access, download, and print this Agreement, you
need Acrobat Reader 3.0 or higher. Changes to these hardware and software
requirements will be posted here or at the "recommended software" link
below. You may also request to receive a copy of this Agreement by U.S. mail
free of charge by contacting us at info@Nefful.com within thirty (30)
days after you have entered into this Agreement with Nefful.
If you do not consent to the above, please click the Cancel Request Button,
and by so doing you will not be able to complete this online transaction. |