PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER NEFFUL WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM NEFFUL. This Agreement (the “Agreement”) is made between Nefful USA, Inc., a California corporation ("Nefful", the “Company”, “we” or “us”) and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other Nefful web site(s) and for your purchase and/or use of any Nefful goods, services or in connection with the Nefful business opportunity (collectively referred to hereinafter as, “Offerings”). This Agreement also provides information on how to become a Nefful Independent Distributor. Your use of Nefful’s web site(s), including all web pages (collectively, the “Site”) and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, or your use or purchase of any other Offerings confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or other Offerings, except as otherwise expressly stated in section Six of this Agreement (Nefful Customer Guarantee).
We reserve the right at any time to: Change the terms and conditions of this Agreement; Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, “Notice”). Your use of the Site or other Offerings after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site or other Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Offerings will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access You represent and warrant that you are at least 18 years old. Nefful products and the Nefful business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are authorized by Nefful. Nefful is expanding its sales into other markets, accordingly please check for updates periodically.
Nefful products and services are sold through Nefful’s network of Independent Distributors. To purchase Nefful goods or services, you do not have to become an Independent Distributor. If, however, you are interested in starting your own home-based business as a Nefful Independent Distributor, please call or see our Business Opportunity section on our homepage at: www.neffulusa.com/opportunity
Nefful guarantees the quality of any product which carries the Nefful name and certifies that the products manufactured for it meet high standards of quality, freshness and purity for customer use. Nefful is confident that our customers will find our products satisfactory in every way. However, if for any reason, a retail customer is not completely satisfied with any Nefful product purchased from Neffulshop.com, Nefful will exchange or refund unworn garments with all tags attached and in its original packaging within 30 days of invoice. All refunds will be subjected to a 10% re-stocking fee. Simply request an exchange or refund from Nefful within thirty (30) days from your receipt of the product by contacting our Customer Service Department at 626-839-6657. Nefful will replace unopened Newell products within 14 days from the invoice date only if the products were damaged in shipment, were incorrectly sent, or are of substandard quality. Returned Newell products will be replaced with the same items(s). This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
NEFFUL will exchange unworn garments with all tags attached and unopened products in its original package within 30 days of invoice subject to the following conditions: Under any circumstances, there will be no exchanges for any promotional or discontinued items. NEFFUL will replace unopened Newell products within 14 days from the invoice date only if the products were damaged in shipment, were incorrectly sent, or are of substandard quality. Returned Newell products will be replaced with the same item(s). All exchanges are allowed only if you are exchanging for an item or items of equal or greater value. Products will not be allowed for exchange if it has been used (i.e. tried on, worn, washed, discolored or damaged). Products will also not be allowed for exchange if the packaging or the instructions are missing or damaged.
NEFFUL will buyback unworn, resalable and restockable merchandise with all tags attached and in its original packaging: NEFFUL will offer a full refund (100%) on all merchandise and distributor kits, with the exception of opened Newell products; for a period of 3 business days from the date of receipt of products, less actual shipping charges and applicable bonus and commissions earned. After 3 business days from the date of receipt of the products, NEFFUL will buy back from distributor with the following condition: a) Limited Quantity merchandises and Promotion merchandises ninety-percent (90%) for a period of 3 months; Limited Quantity and Promotion merchandises will be denoted with ( * ) on original invoice. Autoship items are considered promotion merchandise. b) all other products and distributor kits ninety-percent (90%) for a period of 12 months, from the date of receipt of the products, less actual shipping charges and applicable bonus and commissions earned.
All buybacks after 3 Business days from the date of receipt of the products will require distributor resignation. Please allow 10 days for all buyback requests to be processed.
You are responsible for any and all Content that you send to Nefful. You may not use the Site or other Offerings or any information that you get from the Site or other Offerings to: interfere with any other user’s use of the Site or other Offerings; conduct any unlawful activity; intentionally solicit or harm minors in any way; • misrepresent your own identity or any affiliation that you may have; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other Offerings; alter or remove any copyright, trademark or other proprietary rights notices; “frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization; or link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by Nefful.
The Site and other Offerings and software used with the Site and other Offerings contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). In addition, the Content contained within the Site or other Offerings or in sponsor advertisements, in information presented to you through the Site or other Offerings or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Offerings, in whole or in part, unless authorized by Nefful, in writing, to do so.
©2016 Nefful USA, All Rights Reserved. Nefful USA owns and operates the Site and/or other Offerings in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Offerings in any way without our prior written permission. You may not modify any materials contained within the Site or other Offerings nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Offerings. Nefful grants you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Offerings in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Offerings or any Content, on any media or for any purpose whatsoever. Nefful does not transfer the title of any Content to you. Nefful retains all rights, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Offerings to a human-readable form. You may not transfer any portion of the Site or other Offerings to any third party. Nefful, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of Nefful USA, Inc., or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.
If you submit any ideas, suggestions or testimonials to Nefful, Nefful has the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit Nefful to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
Nefful may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since Nefful does not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources..
Although Nefful attempts to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at 626-839-6657 and include, if possible, a description of the error, its URL location and your contact information. Nefful will make reasonable efforts to address your concerns.
By using the Site or other Offerings, you expressly agree that: The Site and other Offerings are provided on an “as is” and “as available” basis. Nefful 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, except as expressly noted in the section of this Agreement entitled Nefful Customer Guarantee. Nefful does not make any warranty that (i) the Site or Offerings will meet your requirements; (ii) the Site or other Offerings will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or (iv) any errors in the Site or other Offerings will be corrected. Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Offerings. Nefful may not be held liable for any damages or harm attributable to viruses or other destructive materials. Nefful makes no representations or warranties regarding independent distributor web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any independent distributor web sites. The Company must approve any additional warranties in writing. You agree not to hold Nefful, our officers, directors, employees, agents, designees, representatives, independent distributors, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Nefful has been advised that such losses may occur, which result from: your inability to access your registration data at any time; your participation as an Nefful Independent Distributor; your use or inability to use the Site or your purchase or use of other Offerings; unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Site or other Offerings. You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Nefful has been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
Your acts or omissions in connection with the Site or other Offerings; the acts or omissions of any person in connection with the Site or other Offerings using your account; your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account; breach of any provision of this Agreement; any allegation that any materials submitted to Nefful, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. If we make a claim for indemnification, you agree to seek and receive written permission from Nefful before agreeing to settle any claim or action.
At any time and for any reason, Nefful may terminate your use of and access to the Site or other Offerings. At any time and for any reason, Nefful may modify or discontinue providing the Site or other Offerings, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold Nefful responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Offerings or our termination of your access to the Site or other Offerings.
If you choose to access the Site or other Offerings from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Nefful reserves the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
The laws of the State of California apply to this Agreement (without regard to California’s conflict of law principles). Any dispute between you and Nefful must be brought before state or federal courts located in Los Angeles County, California. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and Nefful relating to the Site or other Offerings and this Agreement replaces all prior written or oral agreements that may have existed between you and Nefful. You cannot transfer your rights or obligations under this Agreement to anyone without Nefful's written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.