Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Nomiku Inc's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Nomiku Inc's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nomiku Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Nomiku Inc's web site are provided "as is". Nomiku Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Nomiku Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Nomiku Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Nomiku Inc's Internet site, even if Nomiku Inc or a Nomiku Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Nomiku Inc's web site could include technical, typographical, or photographic errors. Nomiku Inc does not warrant that any of the materials on its web site are accurate, complete, or current. Nomiku Inc may make changes to the materials contained on its web site at any time without notice. Nomiku Inc does not, however, make any commitment to update the materials.
Nomiku Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nomiku Inc of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Nomiku Inc's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
TERMS AND CONDITIONS OF SALE
1. TERMS AND CONDITIONS OF SALE
THE SALE AND PURCHASE OF PRODUCT (“Product(s)”) THROUGH THE WEBSITE WWW.NOMIKU.COM, ANY SUBPAGES OF THAT WEBSITE, AND ANY OTHER WEBSITE OPERATED BY NOMIKU (each a “Site” and together the “Sites”) ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”). ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS, IN ANY FORM, PROPOSED BY YOU (“Customer”) ARE HEREBY SUPERSEDED, REJECTED, DEEMED TO BE MATERIAL ALTERNATIONS, AND OBJECTED TO. THE TERM NOMIKU, AS USED HEREIN, REFERS TO NOMIKU INC., ITS PARENTS, AFFILIATES OR SUBSIDIARIES (“Nomiku”).
CUSTOMER’S PURCHASE OF PRODUCT THROUGH THE SITES, OR CUSTOMER’S ACCEPTANCE OF PRODUCT PURCHASED THROUGH THE SITES, IS CUSTOMER’S ACKNOWLEDGEMENT, RECEIPT, AND AGREEMENT TO THESE TERMS AND CONDITIONS.
2. ELIGIBLE WEB PURCHASES
The Sites are for retail sales and purchases only. Purchasing Product from the Sites for resale or commercial use is prohibited. Please direct wholesale and distribution inquiries to[email protected].
3. REPRESENTATIONS, MODIFICATIONS
Nomiku makes every effort to present complete, accurate, and current information regarding its company and its Products. Nonetheless, Nomiku makes no warranty, express or implied, regarding the completeness or accuracy of any content on the Sites. Customer understands that any incomplete information, typographical errors or inaccuracies are unintended and are of no effect. Nomiku reserves the right to correct or update information on the Sites, including without limitation, Product features, specifications, availability and prices, at any time without prior notice, except that the Terms and Conditions posted on the Sites at the time Customer orders Product will govern the purchase of that Product unless otherwise agreed in a writing signed by Nomiku. Product measurements and descriptions are approximate. They are provided for convenience only and do not constitute a promise regarding the Product or its features. Nomiku reserves the right to reject, cancel or void any sale, purchase or order based on, resulting from, or reflecting an incorrect price.
Nomiku’s practice is to acknowledge orders by email. This acknowledgement is not intended to, nor does it, constitute Nomiku’s acceptance of an order or confirmation of an offer to sell any Product. Nomiku reserves the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any person.
4. PAYMENT, FEES, COLLECTION COSTS
All prices described on the Sites are in United States dollars. Payment is due at the time Product is ordered. Customer agrees to pay interest on all past-due sums at the lower of; one and one-half percent (1.5%) per month, or the highest rate allowed by law. Customer will pay for, indemnify, defend and hold Nomiku harmless from any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including without limit, environmental or similar fees), imposed on, in respect of or otherwise associated with any Products. Customer must claim any exemption from these taxes, fees or charges at the time of purchase and provide Nomiku with all necessary supporting documentation. Customer will be responsible for any costs of collecting unpaid sums incurred by Nomiku, including without limitation, court costs, filing fees, and attorneys’ fees.
Title and ownership to Product passes to Customer when Nomiku receives payment in full. Risk of loss or damage passes from Nomiku to Customer upon delivery to the address specified by Customer at the time the order is placed.
6. RETURNS PROCESSING
Products purchased from the Site may be returned within thirty (30) days from the purchase date appearing on the sales invoice (“Date of Purchase”) for a full refund of the purchase price less shipping costs, and less the restocking fee described below. No returns will be accepted unless accompanied by a Return Merchandise Authorization (“RMA”) number issued by Nomiku. Please contact Nomiku customer care at the number listed below to obtain an RMA number. All Products returned pursuant to this section 6 must be in their unopened, original packaging to be eligible for a refund. Returns are subject to a ten percent (10%) restocking fee. Customer is responsible for the cost of shipping returned Products back to Nomiku.
7. LIMITED WARRANTY
Products are warrantied to be free from defects in parts and workmanship (“Warranty”) for a period of one (1) year from the Date of Purchase (“Warranty Period”). NOMIKU MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED, WRITTEN, ORAL, OR ANY OTHER KIND WHATSOEVER, WITH RESPECT TO PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, USAGE, OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY IMPLIED WARRANTY THAT MAY NOT BE DISCLAIMED BY OPERATION OF LAW IS LIMITED IN DURATION TO THE WARRANTY PERIOD.
7.1 WARRANTY CLAIM PROCESS
a. If a Product or one of its components qualifies for replacement or service under this Warranty, Customer must contact Nomiku customer care at the number listed below, during the Warranty Period, and provide a copy of the retail sales receipt or invoice showing the Product, model number, payment and date of original purchase (“Proof of Purchase”).
b. Nomiku will respond to a valid warranty claim by issuing an RMA number and sending a pre-paid shipping label via email so that the Product may be returned to Nomiku at no cost to Customer.
c. Customer must return the defective Product packed and labeled for shipment in such a way as to ensure proper delivery and to avoid damage. Nomiku is not responsible for damage or loss occurring during shipment of Product back to Nomiku.
d. As its sole obligation under this warranty, Nomiku will repair or replace, at its discretion, product returned under this warranty with new or refurbished parts or product. All parts and products replaced under this warranty become the property of Nomiku. Repaired or replaced Products or parts are warranted by Nomiku for the balance of the original Warranty Period or ninety (90) days from the date of Warranty service, whichever is longer, and pursuant to the same terms and conditions in these sections 7, 7.1, and 7.2.
e. If a Product fails outside the Warranty Period, or is otherwise not covered by the Warranty, Customer should call Nomiku customer care at the number listed below to arrange for repair at a Nomiku-authorized facility.
7.2 WARRANTY LIMITATIONS
a. This Warranty is not applicable to any Product purchased or used for commercial purposes, including without limitation use in hotels, restaurants, or other business capacities.
b. Nomiku makes no other warranties, and none are authorized to be made on its behalf by any retailer, agent, distributor, or other, with respect to any Product to any customer or third party.
c. Nomiku makes no warranty and expressly limits from warranty:
i. Products or parts damaged by improper use, misuse, mishandling, negligence, excessive wear and tear, including damage caused by maintaining, operating or using the product in a manner not in accordance with the printed material provided by Nomiku with the Product, or by otherwise failing to follow proper safety, operating, care or cleaning instructions;
ii. Product tampered with, altered, modified or repaired by anyone other than a Nomiku-authorized service agent using Nomiku-authorized spare parts.
8. LIMITATION OF LIABILITY
NEITHER NOMIKU NOR ITS AFFILIATES, AUTHORIZED DISTRIBUTORS, AUTHORIZED RETAILERS, AUTHORIZED SERVICES PROVIDERS, NOR THE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES THEREOF, SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, RESULTING FROM THE USE, MISUSE, MALFUNCTION OR DEFECT OF ANY PRODUCT OR ANY BREACH OF WARRANTY.
9. INTEGRATION, ARBITRATION, GOVERNING LAW, CLASS ACTION WAIVER
These Terms and Conditions supersede any other agreement, written, oral or otherwise between Customer and Nomiku. These Terms and Conditions are governed by, and to be construed in accordance with, the laws of the state of California without giving effect to any principles of conflicts of laws. All claims and disputes arising under or relating to the sale, purchase or use of Products, or these Terms and Conditions, are to be settled by binding arbitration in the state of California or another location mutually agreed to by the parties. The parties waive any right to consolidate or coordinate any action or to prosecute any action on behalf of a class. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) by a single arbitrator mutually agreed upon by the parties and shall include a written record of the arbitration hearing. If the parties cannot agree upon an arbitrator within sixty (60) days of a party’s initial demand for arbitration, the AAA shall appoint an arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Final awards issued by the arbitrator in such action may be confirmed in any court of competent jurisdiction.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call Nomiku customer care via email at [email protected] or[email protected] or by phone at 888-848-7881.
IN CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" BOX, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM AS THE SOLE EXPRESSION OF THE AGREEMENT BETWEEN NOMIKU AND CUSTOMER.