NURVV TERMS & CONDITIONS © 2019
BY PLACING AN ORDER OR USING OR PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (referred to as, these “Terms”). Please note the following with respect to these Terms:
- THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS AND LIMITATIONS OF YOUR RIGHTS WITH RESPECT TO NURVV AND ITS AFFILIATES. PLEASE READ THEM CAREFULLY.
- THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY OR WARRANTY DISCLAIMERS SO SOME OR ALL OF THE LIMITATIONS OR DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU.
NURVV is the next generation of wearable technology, inspiring athletes to constantly improve and strive to achieve their goals – going faster, longer and stronger.
NURVV is a licensed trademark of Nurvv Inc., a Delaware corporation. All references to “us”, “we” or “our” in these Terms refer to Nurvv Inc. and its affiliates and agents.
These Terms, together with any policy statements or other documents to which a link is provided, apply to your accessing our website(s), your purchase of our products, and your use of our products (including all use of the accompanying applications, APIs, hardware, software, firmware and services). They constitute an agreement between you and us – if you don’t accept them, don’t use our products.
If you need to contact us, use our email address email@example.com or our registered office address.
You must be at least eighteen (18) years of age to use our products. If you are at least eighteen (18) but still a minor where you live, the consent of your parent or legal guardian may be required by law.
Our products are not medical devices. What you do while using our products is at your own discretion and risk. If you have a heart condition or other medical condition, we suggest you ask a medical doctor before starting an exercise routine.
If it is necessary for us to contact you, we will do so using the contact details you have provided to us.
NURVV ONLINE STORE – TERMS OF SALE
When you make an order on nurvv.com, you will be asked to provide personal and payment card information. We may carry out a fraud credit check in connection with the online transaction. We will email you to confirm that we have received your order, but this confirmation does not constitute acceptance of your order. We may choose not to accept any orders in our sole discretion. Once you make your order on nurvv.com, stock items will be reserved for your purchase, but no contract for sale will be binding until the order is dispatched from our warehouse and payment is received.
Prices on nurvv.com are shown in local currency as available when you make your order. GBP pricing is shown inclusive of taxes. USD pricing is shown exclusive of sales tax, which may be added at the checkout, once your delivery address is confirmed. If your delivery address is not in the USA or the UK, it may be necessary for you to pay import duties or sales taxes once a shipment reaches your country. Shipping and handling charges will also be added at check out for all orders.
We are not responsible for any additional charges applied by your card issuer or bank or payment method provider as a result of our processing of your payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase as shown on nurvv.com, the final price may be charged in a different currency from that of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider. We are not responsible for any cost, expense, charge or other liability incurred by you as a result of your card issuer or payment method provider charging you in a currency other than that on nurvv.com.
Once accepted, your order will be shipped to you on the terms stated on nurvv.com/shipping. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays.
We accept responsibility for loss of or damage to your order during shipment. Once your order is delivered at the delivery address provided by you, it becomes your responsibility.
After an order is made on nurvv.com, it may not be possible to modify it. If you have second thoughts about an order you’ve made (for example, if you ordered the wrong size, or if it is no longer needed), email firstname.lastname@example.org, in case it is possible for us to modify you order. Failing that, please wait for it to be delivered, return it to us as required in our Returns Policy, and place a new order if required.
If you are not satisfied with your purchase from nurvv.com, you can return it for a refund, provided it is unused and in the original packaging with all accessories included, and is returned within six (6) weeks from the date delivery, using the pre-paid product return slip issued by email@example.com. You bear the risk of loss during shipment. We reserve the right to refuse refunds for returned items which do not meet all the above requirements.
All our products come with a limited warranty. See nurvv.com/warranty for more details.
USE AT YOUR OWN RISK
While we strive to provide useful and reliable information on our websites and applications, we cannot guarantee its accuracy and it is not meant to match that of medical or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information provided to you while using our products and services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OF ANY KIND THAT OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
OUR PRODUCTS AND SERVICES ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. What you do while using our products and services is at your own discretion and risk. If you have a heart condition or other medical condition, we suggest you ask a medical doctor before starting an exercise routine.
We do not assume and will not have any liability or responsibility to you or any other person or entity for any third party content. Third-party content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Our products include built-in re-chargeable batteries. Refrain from using our product if it appears that the battery is damaged or unusually hot. Do not attempt to remove any battery, do not charge it other than in accordance with our user guide nurvv.com/support, and do not dispose of it except in accordance with applicable law.
REGISTRATION; COLLECTION AND USE OF YOUR INFORMATION
To use our products and services, you will need to register online and set a username and password. You agree to provide truthful and complete information when registering. You are responsible for any use of our products or services with your username and password.
WHAT YOU NEED
To use our products, you will need a computer with adequate software or a supported mobile device, and access to the internet. The maintenance and security of those items may impact your use of our products and is your responsibility together with any internet access fees or data usage charges.
While we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality, we note that we also reserve the right carry out maintenance or improvements on our websites or applications and they may be temporarily unavailable during such times.
RIGHT OF USE
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software and mobile applications accompanying our products and to use the software embedded in our products for your personal, non-commercial purposes. This license includes any third-party software incorporated in our products or services (http://Nurvv.com/opensource).
You are not allowed to do or attempt to do (or help others to do or attempt to do) any of the following:
- use, display, mirror, or frame our websites or applications or any individual element within them, including the layout and design of any page, without our express written consent
- use the NURVV trademark, or any of our proprietary information without our consent
- access or tamper with non-public areas of our websites or applications or computer systems, or the technical delivery systems of our service providers
- test the vulnerability of our system or breach any security or authentication measures
- circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect our websites and applications
- access our websites or applications using any mechanisms other than those provided by us or
- modify, decompile, disassemble, reverse-engineer, or tamper with any software we make available to you or any other part our products or services.
The term of your license commences when you access or install our software or mobile applications and will continue in effect until terminated by you or us. You may terminate your license by deleting and ceasing to use our software and mobile applications. We may terminate the license at any time without notice if we cease to support the software or mobile applications, which we may do in our sole discretion. In addition, we may terminate your license immediately and automatically without any notice if you violate any of these Terms.
We may make it possible for you to share content, including but not limited to information about yourself, your use of our products, or related content such as exercise routines, photos, videos or data (all of it “Your Content”) with other users of our products via our websites or applications.
Your Content is your responsibility. You represent and warrant to us that:
- You own Your Content or you have all rights necessary to grant us a license to use it.
- Your Content, the use and sharing of Your Content on our websites and applications, and your use of our websites and applications will not: (i) infringe any other person’s intellectual property rights or rights of privacy; (ii) contravene, or encourage conduct that contravenes, any applicable law or regulation or give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) encourage discrimination, bigotry, racism, hatred, harassment, or harm against any person; (f) be violent or threatening or encourage actions that are violent or threatening to any person; or (g) encourage others to engage in illegal or harmful activities or substance abuse.
- You will not upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content.
- You will not use or attempt to use another user’s account without authorization, or impersonate any person or entity, nor will you harvest, solicit, or collect information of other users for any purpose, including but not limited to sending unsolicited communications.
- You will not post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake.
- You will not use our websites or applications in any way which is objectionable or restricts or inhibits any other person from using our products and services, or which may expose us or our users to harm or liability of any kind.
We reserve the right to alter, remove, or refuse to display any of Your Content, and to prohibit you from sharing Your Content via our websites and applications.
OTHER LEGAL TERMS
Our products and services are protected under national and international intellectual property laws. NURVV is a licensed trademark of Nurvv Inc., and we hereby claim all copyright in our products and services.
Your use of our products and services is not to be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or copyright material appearing on our products or services, without our prior consent.
We respect the intellectual property rights of others and expect users of our products and services to do the same. We intend to disable and/or terminate access to our user forum for users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act 1998.
LIMITATION OF LIABILITY; TIME FOR MAKING CLAIMS
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR OUR PRODUCTS AND SERVICES, AND WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OCCASIONED BY YOUR USE OF, OR INABILITY TO USE, OUR PRODUCTS AND SERVICES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ARBITRATION REQUIREMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO OUR PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
You may elect for the arbitration to take place by written submission, by telephone, or in person in Louisville, Kentucky. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
In any dispute, NEITHER YOU NOR NURVV WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
These Terms constitute an agreement between you and us. No other person acquires any rights as a result of your purchase and/or use of our products and services.
If part of our Terms is found to be invalid, the remaining provisions will remain in force.
We reserve the right to assign or otherwise transfer our rights and obligations under these Terms.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these Terms when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
We reserve the right to modify these Terms at any time without prior notice by posting the latest version of these Terms on our website. Your continued use of our website or our products or services after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not accept the changes, you should cease using our products and services.
Except as provided in the above paragraph, these Terms may only be amended or modified in writing (excluding email) signed by our authorized representative. Our failure to enforce any of these Terms does not waive any of our rights.
These Terms, the Cookie Statement, and the Privacy Statement and all matters relating to any of them (including, but not limited to, contract, equity, tort, fraud, and statutory claims) are governed by the law of the Commonwealth of Kentucky, excluding the conflict of laws provisions thereof to the extent such provisions would require or permit the application of the laws of any jurisdiction other than the Commonwealth of Kentucky. Except as required above with respect to arbitration, you and we submit to the exclusive jurisdiction of the federal and state courts located in Jefferson County, Kentucky.