TERMS AND CONDITIONS

Last Updated: June 16, 2016

Thank you for visiting the https://nuspinkids.com website, owned and operated by nuSpin Kids, DBA of Ingeniri LLC, (“nuSpin”). These terms of use and the policies referred to herein contain the complete terms and conditions (the “Terms” or “Agreement”) that apply to your use of https://nuspinkids.com and all affiliated web sites and mobile sites owned and operated by nuSpin (collectively, the “nuSpin Site” or “Site”). In this Agreement, “nuSpin”, “we”, “us”, or “our” refers to nuSpin and “user” or “you” refers to you. The nuSpin Site and content related to the nuSpin Site and owned by nuSpin are collectively referred to as the “nuSpin Materials.”

USE OF THE NUSPIN SITE OR ANY OF THE NUSPIN MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE. AFTER READING THIS PAGE AND/OR THESE TERMS, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THIS AGREEMENT OR ANY CHANGES TO THESE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS AND PRIVACY POLICY.

We may modify the Terms from time to time without notice to you, and any changes will be effective when posted. You are encouraged to review the current version of the Terms upon each use of the nuSpin Materials. Continued use of the nuSpin Site or nuSpin Materials after changes to these Terms will be deemed acceptance.

1. About Our Site

The nuSpin Site provides information about nuSpin and its products, allows consumers to find retailers of nuSpin products, and allows consumers to purchase nuSpin products directly through nuSpin.

2. Shipping and Return Policy

nuSpin products were designed and manufactured with great care and pride, and we want your entire family to be happy with your purchase. Please review our Shipping and Return Policy, which is incorporated into and made a part of this Agreement.

3. Privacy Policy

nuSpin is committed to safeguarding your privacy online. Please review our Privacy Policy, which is incorporated into and made a part of this Agreement.

4. Your Account

To use portions of the nuSpin Site, you may be asked to create a nuSpin online user account. All Users will be given separate login identifications. Our use of any personal information you provide during the account creation process is governed by the nuSpin Privacy Policy. You are solely responsible for your account and for maintaining the confidentiality and security of your account, and you are solely responsible for all changes and updates submitted through your account as well as all other activities that occur under your account. You agree to notify nuSpin immediately of any unauthorized use of your account by either our Contact Us form or other methods as directed by nuSpin from time to time. nuSpin reserves the right to suspend access to or to close your account or any login in violation of these Terms or otherwise at nuSpin’s sole discretion.

In creating an account and/or posting any content to the nuSpin Site, you represent and warrant to nuSpin that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by nuSpin.

5. Age Limits and Users under 18

This Site is not intended to be used by individuals 18 and younger. If you are not at least 18 years old, please do not set up a nuSpin online account.

6. General Restrictions on Use & Termination

You may only use the nuSpin Site and nuSpin Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the nuSpin Materials or the nuSpin Site, and you may not create derivative works based on any portion of the nuSpin Materials or nuSpin Site without the express written consent of nuSpin.

If you fail to comply with these Terms, nuSpin may at any time in its sole discretion and without prior notice to you (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with the nuSpin Privacy Policy any materials that you provide or deliver including information that may be collected from you or from your web browser or mobile device; (iii) suspend or terminate your access to and use of the nuSpin Site or nuSpin Materials or any portion thereof; (iv) deny your access to and use of the nuSpin Site or related nuSpin Materials, in whole or in part, and/or revoke any or all of your other rights granted under this Agreement. or (v) take any other action available at law or equity. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.

7. Intellectual Property Rights

The nuSpin Materials and the products featured on the nuSpin Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by nuSpin, all text, graphics, data or other content appearing on the nuSpin Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the nuSpin Materials and Site are owned by nuSpin (collectively “nuSpin Content”). nuSpin Content is provided to you by nuSpin for the sole purpose of your personal and non-commercial use of the nuSpin Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the nuSpin Site or any information, software, or services provided by nuSpin hereunder. nuSpin Content may be modified from time to time by nuSpin in its sole discretion. Your use of the nuSpin Site does not grant you any right, title, interest or license to any such intellectual property appearing on the nuSpin Site. Any unauthorized use of the content of the nuSpin Site may subject you to civil or criminal penalties.

No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the nuSpin Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of nuSpin or its licensors in the nuSpin Site and any associated IP Rights.

The word mark NUSPIN KIDS and the associated design are trademarks of nuSpin and may not be used without the prior, express, written permission of nuSpin. The names of brands or products featured or described on the nuSpin Site may be separately protected by trademarks owned and controlled by nuSpin. A Non-exhaustive list of nuSpin trademarks is published here. No license, right or interest in any trademarks of nuSpin is granted under this Agreement.

Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.

8. Your Representations About Your User Created Content

For any content you may upload, post, or otherwise submit to the nuSpin Site, you grant to nuSpin, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.

You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the nuSpin Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to nuSpin’s attention.

You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or nuSpin’s rights in the content ability to fully use the content as contemplated herein.

If a minor appears in any content you submit to nuSpin, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.

9. Liability Limitations

YOU ARE USING THE NUSPIN SITE “AS IS.” IN NO EVENT SHALL NUSPIN BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE NUSPIN SITE, OR THE NUSPIN CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.

THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Disclaimer of Warranty

THE NUSPIN SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE NUSPIN SITE ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. NUSPIN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.

The nuSpin Site is provided to you without charge as a convenience and for your information only. By merely providing access to the nuSpin site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the nuSpin Site will be free from interruptions, errors, computer viruses or other harmful components.

11. Indemnity

You agree to indemnify, defend, and hold harmless nuSpin, its subsidiaries and affiliates, agents, officers, directors, attorneys, or other employees, and permitted assigns, from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from your use of the nuSpin Materials; your connection to or use of the nuSpin Site; your violation of these Terms of Use, Privacy Policy; or your violation of any rights of another.

12. Links To Third Party Sites

The nuSpin Site may contain links to websites operated by parties other than nuSpin. Such links are provided for your reference only. nuSpin does not control such websites and is not responsible for their content. nuSpin’s inclusion of any third party links does not imply any endorsement of the material on such websites or any association with their operators. We encourage you to read the terms of use of any third-party websites you visit.

nuSpin is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

13. Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.

14. No Assignment

You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of nuSpin. However, nuSpin may freely assign this Agreement without restriction.

15. Waiver

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against nuSpin unless such waiver is in writing signed by nuSpin.

16. Governing Law

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The nuSpin Materials and Site are intended to be offered from nuSpin’s location in the United States of America. nuSpin makes no representations that the nuSpin Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.

17. Entire Agreement

This Agreement, together with the Privacy Policy, the Shipping and Return Policy, and all other related Policies, form the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements pertaining hereto. This Agreement may only be amended by nuSpin in writing and will be effective immediately upon posting the revised version to the nuSpin Site. Your use of the nuSpin Site and nuSpin Materials shall be subject to the current version of this Agreement at your time of use of the nuSpin Site and nuSpin Materials, as provided herein.

18. Contact Us

Please submit any notices, questions, comments, or concerns regarding the Site to us through our Contact Us form.