NWE BRANDS Customer Agreement
This Agreement (the “Agreement”) is an agreement between you and NWE BRANDS (“NWE BRANDS”), the parent company of ZGEAR, CELLCandy, Acoustix, CELLGear that states the terms and conditions under which you may use the Site. The Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site.
Electronic Communications
Registered users can opt-out of receiving eNewsletters and email notifications. To discontinue your receipt of such emails, sales@nwebrands.com.
License and Proprietary Rights Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, NWE BRANDS. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of NWE BRANDS is strictly prohibited. You acknowledge that NWE BRANDS and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. NWE BRANDS reserves the right to revoke this authorization at any time and any use shall be discontinued immediately on written notice from NWE BRANDS.
Trademarks
“NWE BRANDS,” all NWE BRANDS logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of NWE BRANDS or otherwise proprietary to NWE BRANDS and may not be used for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and NWE Brands names or logos appearing on the Site are the property of their respective owners and the site user does not acquire any ownership rights in such marks, logos or names by using this site.
Web access
The user will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Site. Please contact your local telephone NWE Brands if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on NWE BRANDS Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which NWE BRANDS may undertake; or (iii) causes beyond the control of NWE BRANDS or which are not reasonably foreseeable by NWE BRANDS.
User name and password
You are solely responsible for any authorized or unauthorized access by any person to your e-newsletter account. You agree to bear all responsibility for the confidentiality of your password and all use of the Site with your password. You agree to notify NWE BRANDS promptly of any unauthorized use of your password and you will remain liable for any use until you notify NWE BRANDS of the unauthorized use of your password to the extent permitted by law.
Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access NWE BRANDS online ordering services. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and alternate receiver for your order. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to NWE BRANDS, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. NWE BRANDS secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in a secure data center. NWE BRANDS will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you NWE BRANDS online services. When our services ask users to enter sensitive information (such as a credit card number), that information is encrypted and protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Microsoft’s Internet Explorer or Mozilla Firefox. The minimum system requirements to use our online ordering services are as follows:
Windows:
Internet Explorer 8
Mozilla 1.5.0.7
Macintosh:
Safari 1.3.2
Mozilla 1.5
Corrections
If you would like to update or correct information previously provided to us, please email us at sales@nwebrands.com.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to NWE BRANDS Site and use of any of our online services to understand our practices.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of NWE BRANDS online services, which includes, without limitation, use of NWE BRANDS online services to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on NWE BRANDS online services or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by NWE BRANDS to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF NWE BRANDS ONLINE SERVICES (ORDERING), THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. NWE BRANDS ONLINE SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NWE BRANDS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO NWE BRANDS ONLINE SERVICES, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH NWE BRANDS ONLINE SERVICES; NWE BRANDS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NWE BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR NWE BRANDS ONLINE SERVICES. NWE BRANDS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER NWE BRANDS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “NWE BRANDS PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SITE, NWE BRANDS ONLINE SERVICES, OR THE INTERNET. NWE BRANDS LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF NWE BRANDS ONLINE SERVICES AND TO TERMINATE THIS AGREEMENT. NWE BRANDS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. NWE BRANDS controls and operates this Site and uses it for its operations in the states of Oregon USA. NWE BRANDS makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
You agree to defend, indemnify, and hold NWE BRANDS harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Miscellaneous
Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. NWE BRANDS may suspend or terminate this Agreement or NWE BRANDS online services or remove or disable access to any portion of NWE BRANDS online services at any time for any reason with or without notice to you. You may terminate this Agreement and your NWE BRANDS Online Services at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. NWE BRANDS reserves the right to collect costs and charges incurred before you cancel your NWE BRANDS online services account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices
NWE BRANDS may give notice to you of a change in this Agreement, a change in NWE BRANDS cost schedule, and any other matter through a general posting on NWE BRANDS Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to NWE BRANDS by emailing link.
Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with NWE BRANDS regarding the use of NWE BRANDS online services and the NWE BRANDS Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, NWE BRANDS and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Oregon without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with NWE BRANDS or relating in any way to your use of NWE BRANDS online services or the NWE BRANDS Site resides in the federal and state courts of Oregon and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Oregon in connection with any such dispute, including any claim involving NWE BRANDS Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of NWE BRANDS Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your NWE BRANDS Online Service.
Amendment
NWE BRANDS may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
