Terms & Conditions
1. IMPORTANT NOTICE:
You should read the following Terms and Conditions carefully. Your use of our website implies that you have read and accepted the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or otherwise use the website. The Terms and Conditions constitute an agreement between Riff Enterprises, Inc. (doing business as www.nuzest-usa.com) and the user(s) of our website. The www.nuzest-usa.com website (hereafter, the “Site”) is comprised of various web pages operated by Riff Enterprises, Inc. doing business as Nuzest USA (hereafter, “Nuzest USA”). Nuzest USA is committed to providing people with natural health products that support them in living the fullest, most vital lives possible. The Site is an e-commerce website. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (hereafter, the “Terms”). Your use of www.nuzest-usa.com constitutes your agreement to all such Terms. Nuzest USA also recommends you keep a copy of them for your reference.
2. HEALTH DISCLAIMER
Any statements on this site or any materials or products distributed or sold by Nuzest USA have not been evaluated by the Food and Drug Administration. The Site is not intended to diagnose, treat, cure or prevent any disease. The products, information, services, and other content provided on and through the Site are provided for information purposes only. If you are pregnant, nursing, taking medication, or have a history of heart conditions, you should consult with a physician before using any of our products. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
4. AGE RESTRICTION
This site is intended for adult use. Nuzest USA does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under the age of eighteen, please leave the Site without using it in any way. If you are 18 or older and use the Site, you agree not to use the Site to harm a minor in any way.
5. CANCELLATION; REFUND; RETURN POLICY
Cancellation Policy: If you would like to cancel your order, we will do our very best to process your cancellation request prior to your order shipping. If your order has already shipped, please accept the package and request a return authorization through our contact form. Please note that cancelled orders are subject to a restocking fee and the cost of shipping and handling.
Return Policy: Here at Nuzest, we stand behind our products. If you experience a problem with your order, we ask that you notify us through our contact form within 14 days of receiving your shipment. Please include your name and order number with your email. Please note that all returned, unopened products are subject to a restocking fee and the cost of shipping and handling. We do not accept returns of product that has already been opened. We are committed to delivering the highest quality products and we offer individual sizes for most products, so you can try them out before committing to a larger size product.
6. LINKS TO THIRD PARTY SITES; THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Nuzest USA and Nuzest USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nuzest USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nuzest USA of the site or any association with its operators. Certain services made available via www.nuzest-usa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Nuzest USA may share such information and data with any third party with whom Nuzest USA has a contractual relationship to provide the requested product, service or functionality on behalf of www.nuzest-usa.com users and customers.
7. NO UNLAWFUL OR PROHIBITED USE OF THE SITE; COPYRIGHTS; TRADEMARKS; OTHER INTELLECTUAL PROPERTIES
8. THIRD PARTY ACCOUNTS
You will be able to connect your Nuzest USA account to third party accounts. By connecting your Nuzest USA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
9. INTERNATIONAL USERS
Services (hereafter, “Service”) are controlled, operated and administered by Nuzest USA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nuzest USA Content accessed through www.nuzest-usa.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Nuzest USA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nuzest USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nuzest USA in asserting any available defenses.
11.LIMITATION OF LIABILITY; DISCLAIMER
12. TERMINATION; ACCESS RESTRICTION
Nuzest USA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
13. CHOICE OF LAW; JURISDICTION
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of state and federal courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
14. SEVERABILITY; INTERPRETATION
Nuzest USA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nuzest USA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nuzest USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
15. ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user(s) and Nuzest USA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user(s) and Nuzest USA with respect to the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nuzest USA as a result of this agreement or use of the Site.
16. CHANGES TO TERMS
Nuzest USA reserves the right, in its sole discretion, to change the Terms under which the Site and its information, services, and product are offered. The most current version of the Terms will supersede all previous versions. Nuzest USA encourages you to periodically review the Terms to stay informed of our updates.
17. DISPUTE RESOLUTION; ARBITRATION
To the maximum extent permitted by law, all claims and disputes arising under or relating to the Terms or the Site are to be settled by binding arbitration in the State of Washington or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for conclusions of law and fact and shall include the costs of arbitration proceeding, the prevailing party’s attorneys’ fees, and the court costs and other expenses associated with the prevailing party’s attempt to recover. Any such arbitration shall be conducted by an arbitrator experienced in business law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any arbitrator who shall be employed by or affiliated with a competing organization or entity. The arbitrator will have an authority to award only compensatory damages and will have no right to award any punitive, exemplary, or similar type damages. An award of arbitration may be entered in any court of competent jurisdiction.
18. CONTACT INFORMATION
Nuzest USA welcomes your questions or comments regarding the Terms: Riff Enterprises Inc (doing business as Nuzest USA) 2003 NW 57th St, #102 Seattle, WA 98107 Telephone number: (206) 249-9865
Effective as of October 18, 2013