Terms of service
OVERVIEW
This website is operated by Nesso LLC. Throughout the site, the terms “we”, “us” and “our” refer to Nesso LLC. Nesso offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click on the link in the footer.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nesso Brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nesso Brand and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nessobrand@gmail.com.
Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY USING THIS SITE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE.
ACCEPTANCE OF TERMS
The following terms and conditions govern all use of the NESSObrand.com website (the Site) and the services available at the Site (taken together, the Service). The Service is owned and operated by NESSO, LLC. (NESSO). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by NESSO (collectively, the Terms of Use).
CHANGES
NESSO reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
General Terms: We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
FEES; PAYMENT; RETURN POLICY
Certain products offered by (or on behalf of) NESSO through the Site (such as picture frames, jewelry boxes, games, office supplies ) will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by NESSO on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, Discover credit card. NESSO reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.
Purchases are subject to NESSO’s Shipping and Returns Policy.
PRIVACY POLICY
Your NESSO account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
NESSO endeavors to protect user information to ensure that user account information is kept private, however, NESSO cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
NESSO takes the privacy of its users very seriously.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 and the EU General Data Protection Regulation (“GDPR”) prohibits collecting information from children who are under 16. NESSO does not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register with NESSO or send any personal information about yourself to NESSO. If NESSO learns it has collected personal information from a child under 16, NESSO will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact NESSO at Nessobrand@gmail.com.
Your privacy is very important to us. This privacy policy addresses how NESSO, collect and use information you provide. By visiting NESSOBRAND.COM, and providing your information to us, you agree to accept the practices described in this Privacy Policy.
Type of Information
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number if provided. We may also collect certain demographic information such as your Site preferences, sizes, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional). Company may use or disclose aggregate information for any purpose.
How We Use Your Information
This Site does not collect or use personal information.
We may receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. The Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
How Is This Information Shared
We do not sell any of your personal information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you, and do afford you the option to opt-out of sharing this information.
We may share information about you, such as a record of any transactions you conduct on our website or offline with us via our third-party advertising partners and its service providers, in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain website. Our advertising partners will make the data we provide to it anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative; https://www.networkadvertising.org/.
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Behavioral advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
When we believe in good faith that disclosure is necessary to protect the rights, property and safety of Company, its users or the public.
As required by law, to comply with a judicial proceeding or court order, to exercise our rights, or to defend against any claims.
Cookies and Web Beacon
The Site use cookies and web beacons to gather aggregated, non-personally identifiable information in order to help us better understand user behavior, tell us which parts of the Site users have visited, and facilitate and measure the effectiveness of advertisements and web searches. Such information may be shared with trusted third parties but the information will not personally identify you. To the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information. As we develop the Site, we may gather additional information from you through the use of other technologies.
Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies to collect anonymous information about how you use the Site by setting and accessing cookies on your computer. These cookies track information such as how often you visit our Site, what pages you view, and where you go after you leave our Site. The cookies are not connected to your personal information. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’ features.
Web Beacons
Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.
Security
The security of your information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Site, please contact us as indicated below.
Opting Out
If you decide you do not wish to receive communications from us, you may opt-out by clicking the unsubscribe link at the bottom of the email. Note however that as user of the Services you cannot opt-out of some administrative communications that are reasonably necessary to the Services. You may also opt-out of certain targeted advertising by visiting http://www.networkadvertising.org/choices, https://www.networkadvertising.org/mobile-choice or http://www.aboutads.info/choices.
Links to Other Sites
The Site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other site. This privacy statement applies only to information collected by the Site. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This Privacy Policy does not cover any information that you disclose to such site or that they may collect. The privacy policies of these other site may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other site and cannot guarantee the security of any of your personal information collected there. The Site may enable you to post comments, reviews and other information on publicly available areas of the Site. Any information you post in these areas of the Site will be available to all of our users, so please use caution in disclosing any personal information when you post such comments, reviews or other information.
Children Under 18
Children under 18 may view the Site, but they cannot make a purchase or provide any personal information. The Site are not designed for children and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account. You must be 18 or over to purchase any products from the Site. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
Exclusion to This Privacy Policy
This Privacy Policy shall not apply to any unsolicited information you provide to Company through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as review sections and forums (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Company shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
Important Information for California Residents
NESSO takes your privacy very seriously. Please note we do not collect, use or process any personally identifying information on this Site. We do not sell any of your personal information for profit.
If you are a customer of our brand, please visit our site for more information on how we collect, use or process personal information. California residents have the right to obtain a copy of their personal information, the right to delete their personal information, the right to opt-out of the sale of their personal information and the right to exercise any of your privacy rights free from discriminatory practices prohibited by California law (collectively, “Privacy Rights”). If you would like to submit a privacy related request, please follow the instructions listed in the Privacy Policies located on our website.
Further, under California Civil Code sections 1798.83-1798.84, if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to NESSO at 114 First Avenue, Manasquan, NJ 08736.
Nevada Residents
If you are a Nevada resident and have provided us with any personal identifying information, you may opt-out of sharing your information with third parties if you submit an opt-out request. Please follow the instructions listed in our brands’ Privacy Policies to submit an opt-out request.
Please note we do not sell any of your personal information for profit, we do share some information with contracted third parties in order to provide better services and advertising to you. Please allow 60 days for completion of such request.
Company is subject to the jurisdiction and investigatory and enforcement powers of the Federal Trade Commission (FTC).
Amendments or Modifications to this Privacy Policy
We reserve the right to amend this Privacy Policy at any time without prior notice. Notice of any change will be posted on the Site. Please check this page periodically for changes. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contact Us
If you have any questions regarding the use of our Site or Privacy Policy, please contact us at:
NESSO
Attn: Legal Department/Privacy
114 First Avenue
Manasquan, NJ 08736
RULES AND CONDUCT
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by NESSO. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
Imposes an unreasonable or disproportionately large load on NESSO's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of NESSO or any third party; or
Harvests or collects any information from the Site; or
Impersonates any person or entity, including any employee or representative of NESSO.
NESSO may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
THIRD PARTY SITE
The Service may permit you to link to other website on the Internet, and other website may contain links to the Site. These other website are not under NESSO's control, and you acknowledge that NESSO is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such website. The inclusion of any such link does not imply endorsement by NESSO or any association with its operators.
PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Service or otherwise made available by NESSO at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by NESSO in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from NESSO is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of NESSO. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
TERMINATION
NESSO may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.
NO WARRANTIES
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NESSO, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NESSO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.) (PROVIDED THAT, IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM NESSO, SUCH AMOUNT SHALL BE THE PURCHASE PRICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless NESSO, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service.
INTERNATIONAL USE
NESSO makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
DISPUTE RESOLUTION
A printed version of these Terms of Use 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. You and NESSO agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in new York, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
INTEGRATION AND SEVERABILITY
These Terms of Use are the entire agreement between you and NESSO with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and NESSO with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
MISCELLANEOUS
These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with NESSO's prior written consent. NESSO may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise indicated, these Terms of Use and all Content provided by NESSO are copyright © 2020 NESSO LLC. All rights reserved.
“NESSO” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by NESSO, LLC. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
CONTACT
You may contact Nesso at:
Nesso LLC
114 First Avenue
Manasquan, NJ, 08736
United States
nessobrand@gmail.com
+1 (203) 260-8286