Conditions of Use
Welcome to Namenuts.com. We provide our services to you subject to the following conditions. If you visit or shop at Namenuts.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Namenuts.com service or visit or purchase from any business affiliated with Namenuts.com, whether or not included in the Namenuts.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. Namenuts and Namenuts.com ("Namenuts", "us", "our", "we", "Company") maintain this Internet site together with other Internet sites ("Sites") as a service to the Internet community. The content (images and text) ("Content") is the property of Tapzone, Inc., a Nevada corporation, and protected by United States and international intellectual property laws. As a user of the Sites, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with this Conditions of Use Agreement ("Agreement") or applicable law, nor may you copy, modify or alter the Content.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Namenuts.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Namenuts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or by first class U. S. Mail to the street address provided by you at the time you become a member, if you provided one. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Namenuts and Namenuts.com will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email and forward it to service@Namenuts.com. You may give notice to us via email to service@Namenuts.com.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tapzone, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tapzone, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Tapzone, Inc. or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Namenuts.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Namenuts.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any products mentioned here, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Namenuts.com or Tapzone, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Namenuts.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Namenuts' name or trademarks without the express written consent of Namenuts.com or Tapzone.com. Any unauthorized use terminates the permission or license granted by Namenuts.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Namenuts.com so long as the link does not portray Namenuts.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Namenuts.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Namenuts.com does sell products specifically designed for children, but children may use our products. If you are under 18, you may use Namenuts.com with involvement of a parent or guardian. Namenuts.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel any orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, -- as such are permitted at this website – so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Namenuts.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Namenuts.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Namenuts.com and its affiliates and sublicensees (including Tapzone, Inc.) the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Namenuts.com or its affiliates for all claims resulting from content you supply. Namenuts.com has the right but not the obligation to monitor and edit or remove any activity or content. Namenuts.com takes no responsibility and assumes no liability for any content posted by you or any third party.
IMPORT FEES AND OTHER FOREIGN FEES AND TAXES
Namenuts has no control over the import regulations of any country. There should be no fees for any country that enjoys free trading with the United States (like Canada), but local authorities will do what they will do. We shall not be responsible for any import duties, customs, or any other regulatory taxes or fees; the responsibility for these shall be entirely yours.
PRODUCT DESCRIPTIONS
Namenuts.com and its affiliates attempt to be as accurate as possible. However, Namenuts.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Namenuts.com itself is not as described, your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than Namenuts.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we may include in our Sites links to or from the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. Namenuts.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
GENERAL DISCLAIMERS
THE CONTENT AND OTHER INFORMATION PRESENTED ON OUR SITES ARE FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NO HEALTH CARE PROFESSIONAL INTENDS IT AS A SUBSTITUTE FOR MEDICAL COUNSELING. TO THE EXTENT YOU USE ANY OF THE INFORMATION OR ADVICE CONTAINED IN THIS SITE OR IN ANY PRODUCT OR PUBLICATION SOLD ON THIS SITE, AND TO THE EXTENT YOU USE ANY PRODUCT PURCHASED AT OR THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT ANY INFORMATION YOU RECEIVE FROM THIS SITE, OR FROM ANY COMMUNICATION RELATED TO THIS SITE, IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.
YOU AGREE THAT NEITHER NAMENUTS OR NAMENUTS.COM, NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY TO YOU BY ANY RELEASED PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP WITH US OR YOUR USE OF OUR PRODUCT(S) AND/OR THE ACTUAL COST OF ANY PRODUCT PURCHASED FROM US. SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH ANY STORE WE OPERATE, OR SHALL OPERATE IN THE FUTURE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING). NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE MADE BY US REGARDING THE SITES. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOID WHERE PROHIBITED BY LAW.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NAMENUTS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAMENUTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAMENUTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAMENUTS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NAMENUTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAMENUTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Namenuts.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Namenuts.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Namenuts.com or to products you purchase through Namenuts.com shall be submitted to confidential arbitration in Reno, Nevada, except that, to the extent you have in any manner violated or threatened to violate Namenuts’ or Namenuts.com's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.