WHILE OUR MANUFACTURING FACILITIES ARE REGISTERED WITH THE U.S. FOOD AND DRUG ADMINISTRATION AND CERTIFIED FOR FDA-REQUIRED CURRENT GOOD MANUFACTURING PRACTICES, THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
DIMARCO MORLEY LLC D/B/A YOURNUHIGH.COM
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age.
Last Updated: April, 2020
WHEN AND HOW DO WE COLLECT PERSONAL INFORMATION?
We collect personal information when you engage in any of the following activities:
- Register for an account;
- Fill out a form;
- Subscribe to a newsletter;
- Place an order through the Site; or
- Communicate with, or provide feedback to, us online.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We collect information you give us. When you set up an account/register through our Website or purchase an item from our Website, we collect personal information entered voluntarily by you, which may include the following information:
- Your first and last name;
- Your e-mail address;
- Your billing address;
- Your shipping address;
- Your phone number;
- Your credit card number; and
- Items you purchased from us.
You can choose not to provide personal information but opting out of providing such information will prevent you from ordering products or services through our Site.
We also collect information automatically. We receive and store certain types of information through automated means, such as cookies, web beacons and web server logs, whenever you interact with our Site. As you use the Website, certain information may also be passively collected. Through cookies, pixels, beacons, log files and other technologies, we may collect information on how you use the Website. By collecting this information, we can deliver more helpful information, programs, tools and advertisements tailored to you. Please see the sections regarding cookies and opting out of tracking below for more information.
HOW WE USE YOUR INFORMATION
- Use “cookies” (i.e., tracking devices placed on your computer);
- Do not respond to “do not track” signals;
- Utilize third-party behavioral tracking;
- Have enabled Google Ads (formerly Google Adwords) on our Site;
- Allow users to anonymously visit our Site; and
The information collected from you is used in the following ways:
- To personalize your experience;
- To improve the Website, including our marketing and advertising efforts;
- To improve customer service;
- To administer contests, promotions, surveys or other Site features;
- To process orders or transactions; and
- To communicate with you periodically via e-mail.
We use collected personal information to provide you with the content, subscriptions, goods and services that you request or purchase through our Website. We use your e-mail address to provide you with information about your order and its status, and we may occasionally send e-mails, including newsletters, to people who have placed an order online with information about other goods and services available on our Website. We may use your phone number to contact you about an order you have placed, to share customer offers or information you have requested, or to relay information we need to provide to you.
Portions of the Site and our store may be hosted or provided by third party service providers, such as Shopify and Magento. They facilitate or provide us with portions of the online e-commerce platform that allows us to sell our products and services to you.
Your data may be accessible by and stored through our service providers’ data storage, databases and the general applications. These service providers are required to store your data on a secure server behind a firewall.
When you make a direct payment through the Site, NuHigh and/or our service providers will obtain and use your credit card data. Generally, your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS), and your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. Once the purchase transaction is completed, your purchase transaction information is deleted, unless you choose to have that data saved.
All direct payment gateways are required to adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
You can place an order through our Site without registering, but checkout does require a user to provide certain personally identifiable information and to agree to NuHigh’s Terms and Conditions for the Site. To use some features on our Website or to place an order, a user may complete a registration form on the Site to establish a password-protected user account. During registration, a user is required to provide certain contact information, such as a name and e-mail address, and payment information, such as a credit card number, if placing an order. This information is used to contact users about the products or services on the Site for which they have indicated an interest or for which they have placed an order. In some cases, it is optional for users to provide additional demographic information, such as age and gender.
Additional User Rights.
As required by law, you may have the right to do the following: (1) access certain personal information of yours that we maintain; (2) request we update or correct your personal information; (3) object to the processing of your personal information or withdraw your prior consent, if applicable; (4) ask us to block or delete your personal information from our database; and (5) ask us to transfer your personal information to another entity as you specify.
Correction/Updating Personal Information. If a user’s personal information changes or if a user no longer desires to be a registered user, we allow our users to correct, update or remove the personal information they provided to us from our Website. Such changes can be made either through your account page on our Website or by e-mailing us at email@example.com.
Opt-in and Opt-out.
When purchasing a product, a user is not required to register but may instead checkout as a guest. Our users are given the opportunity when registering with our Website to opt-in and/or opt-out of having their e-mail address and other contact information added to our marketing and promotional address lists or having their information used for purposes not directly related to the provision of goods or services through our Website. Even if a user opts-in to receiving marketing, a user may later opt-out. Any user may unsubscribe from each e-newsletter, bulletin or other promotional e-mail by clicking/pressing on the unsubscribe button at the bottom of these e-mails.
Users who no longer wish to receive e-bulletins, newsletters or other marketing and promotional materials from us or our partners may opt-out of receiving these communications by replying to any such promotional e-mail or by e-mailing us at firstname.lastname@example.org and indicating their desire to no longer receive such e-mails. Occasionally, it is necessary to send service-related announcements. For instance, if our service is temporarily suspended for maintenance, we might send you an e-mail informing you of such service interruption. Generally, users may not opt-out of receiving these service-related communications.
A cookie is a text file stored on the user’s hard drive and contains information about the user. The Website creates cookies to record information about a user’s preferences, such as the items you add to your shopping cart, and for security purposes. Cookies are also used to help us determine the various services you use and the support you may need as well as help us detect and solve any problems you may have while using our Site. In addition, the use of a cookie on our Site will enable users to log on without having to reenter their password on each visit and to fully interact with our Website. Most cookies expire after a certain time period. If you wish, you may set your browser to reject all cookies and still view our Website.
Behavioral Tracking and Do Not Track Signals.
We allow third-party behavioral tracking. Please note that at the present time, we do not respond to do not track (DNT) signals.
Security of Personal Information.
When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect personal information provided to us, including when such information is being transmitted to us and after it is received. 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 its absolute security.
If you have any questions about the security of our Website, you can send an e-mail to email@example.com.
Disclosure of Personal Information.
Disclosure for Legal Reasons
Disclosure for Shipping and Billing Reasons
We use outside Shopify and shipping providers to ship orders placed on our Website or by telephone as well as a credit card processing company to bill users/customers for goods and services purchased on or through our Website or by telephone. We do not permit these companies to retain, share, store or use any of our users’ personal information for any secondary purposes. We partner with other parties to provide specific services that are available on our Website. When a user signs up for these services, we will share the user’s name or other contact information that is necessary for the third party to provide these services to the user. These parties are not allowed to use such personal information except for the purpose of providing these services.
Change of Control
We may disclose and release your personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NuHigh’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which Website users’ personal information held by NuHigh or its parent company is among the assets transferred.
Collecting Information from Children Younger Than 18 Years of Age.
Our Website is not directed to or intended for children under 18 years of age. We do not knowingly collect personal information from individuals under 18 years of age. If you are under 18 years of age, you should not register or provide personal information on the Website or through the Site’s services. If we later obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that user’s personal information from our systems. If you are the parent or guardian of a child who you believe has disclosed personal information to us, please contact us at firstname.lastname@example.org so that we may delete and remove such child’s information from our systems.
Notification of Changes in Use of Personal Information.
Surveys and Contests.
From time to time, our Website requests information from our users via surveys or contests. Participation in these surveys or contests is completely voluntary, and users may choose whether to provide us with such information. Information requested may include contact information, such as a name and shipping address, and demographic information, such as a zip code and age. This information may also be shared with other third parties as disclosed at the time of collection or in the promotion rules.
California Privacy Rights.
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Please note that at the present time, we do not respond to Do Not Track (DNT) signals. To learn more about your California privacy rights, or to request information under California’s “Shine the Light” law, including regarding our disclosure of personal information to third parties for their direct marketing purposes, send an e-mail to email@example.com.
ATTN: Privacy Matter
373 Dawson Street
Philadelphia, Pennsylvania 19128
TERMS AND CONDITIONS
Last Updated: [ ], 2020
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
GENERAL STATEMENT / WEBSITE TERM OF USE
The www.YOURNUHIGH.com website, and all related content, mobile applications (if applicable), and associated services (collectively the “Website”), is a service owned and operated by YOURNUHIGH.com. We have adopted these Terms and Conditions to inform you of your rights and obligations when using the Website and/or when purchasing any YOURNUHIGH.com products or goods (“Products”) (“Terms and Conditions” or “Terms”). Your use of this Website, and/or your purchase of any Products, constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products. YOURNUHIGH.com may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms and Conditions at any time. In the event YOURNUHIGH.com modifies, limits, changes, or replaces the Website or these Terms and Conditions, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements. YOURNUHIGH.com limits purchase of its product via its Website to individuals who are 18 years of age or older. You warrant and agree that you are at least 18 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. YOURNUHIGH.com does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
ELIGIBILITY, SAFETY ACKNOWLEDGMENT, AND REGISTRATION FOR A YOURNUHIGH.COM ACCOUNT
This is a contract between you and YOURNUHIGH.com. You must read and agree to these Terms and Conditions before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with YOURNUHIGH.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.
Our Website contains age-regulated products, which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. YOURNUHIGH.com products and all other nicotine products should never be used by anyone under the legal purchasing age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and older that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.
Additionally, no tobacco-based or nicotine e-liquid product should be considered safe. We encourage consumers to do their own research regarding vapor products and what is right for them. If you have any health concerns about use of NUHIGH products or any other nicotine delivery or tobacco product, we recommend that you consult with your physician. Inhalation of vapor from NUHIGH products may trigger reactions such as cough, as well as aggravate pre-existing respiratory or heart conditions.
Additionally, ingestion of nicotine, at any level, may cause other conditions (such as an increase in your heart rate and blood pressure, dizziness, nausea, and stomach pain). NUHIGH products are designed for adult smokers to transition away from combustible cigarettes. If you do not currently use nicotine containing products, we recommend that you do not start. CALIFORNIA PROPOSITION 65 WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. WARNING: Contains nicotine, which is an addictive chemical and can be poisonous. Avoid contact with skin and eyes. Do not drink. Keep out of reach of children and pets. In case of accidental contact, seek medical help.
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact YOURNUHIGH.com immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless YOURNUHIGH.com from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and Conditions of this Website and your registration constitutes your consent to enter into agreements with us electronically.
TERMINATION OF ACCOUNT
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting the YOURNUHIGH.com Support Team. You may not open alternate accounts.
ELECTRONIC COMMUNICATION – YOURNUHIGH.COM ACCOUNT SPECIFIC
With the creation of an account, you agree that we may send to your e-mail electronic notices or other communication regarding YOURNUHIGH.com and this Website. These types of electronic communications will be sent to the e-mail address that was provided during registration and/or the e-mail address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.
ELECTRONIC COMMUNICATION – MARKETING COMMUNICATION
By completing the registration process on the Website and providing your e-mail address, you are representing you are of legal age to receive YOURNUHIGH.com’ Newsletter and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations or other restrictions. All offers are Void Where Prohibited. YOURNUHIGH.com Products material are not intended to imply that the Products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. This Product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of nicotine addiction and/or dependence.
COMMUNICATIONS WITH YOURNUHIGH.COM
Customers and visitors are encouraged to forward comments or other communications to YOURNUHIGH.com via YOURNUHIGH.com or via e-mail. You agree that you will not transmit content to YOURNUHIGH.com that is 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 agree that you will not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead YOURNUHIGH.com as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions and may result in the termination of your account at the sole discretion of YOURNUHIGH.com.
You agree to pay for all purchase orders you place through the Website.
Except where noted otherwise, the prices displayed for YOURNUHIGH.com Products represent the full retail price listed on the product itself. All prices are quoted and payable in U.S. dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.
Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by YOURNUHIGH.com at the time of your purchase, in which case YOURNUHIGH.com will submit your taxes and/or duties to the appropriate authority on your behalf. YOURNUHIGH.com shall not be responsible for failure to pay taxes or duties you owe, unless YOURNUHIGH.com has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any payments made to YOURNUHIGH.com through this Website, you must notify YOURNUHIGH.com in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below. You expressly agree that your failure to notify YOURNUHIGH.com of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by YOURNUHIGH.com in the event of failure to make payment.
Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact YOURNUHIGH.com’s Support Team as soon as possible.
In no event will YOURNUHIGH.com accept return of and/or issue any refund for purchases made other than through the Website. You have the right to withdraw from the purchase agreement with YOURNUHIGH.com and to return any new, unused item purchased through the Website for a refund without giving any reason up to three (3) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting YOURNUHIGH.com. If you withdraw, YOURNUHIGH.com will reimburse to you all payments received from you, including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However, YOURNUHIGH.com will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.
If you elect to withdraw, you must return the new, unused item purchased to YOURNUHIGH.com within seven (7) days of notifying us of your election. We shall withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within seven (7) days of notifying YOURNUHIGH.com that you would like to return the items for a refund. You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.
Because of the nature of the products sold through the Website, for sanitary reasons, YOURNUHIGH.com accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
DAMAGED / INCOMPLETE / INCORRECT ORDERS
You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from YOURNUHIGH.com that is damaged, incorrect, or incomplete, please contact YOURNUHIGH.com Support immediately to explain the problem with your order and to request a refund or replacement goods. YOURNUHIGH.com may require you to return damaged items, in which case YOURNUHIGH.com will pay for the cost of return shipment.
PRODUCT RESALE OR OTHER EXPLOITATION PROHIBITED
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from YOURNUHIGH.com or a YOURNUHIGH.com representative without prior written permission of an authorized representative of YOURNUHIGH.com. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will have no right or remedy under the product warranty, and may be subject to civil action and/or criminal penalty, as prescribed by law.
COMPLIANCE WITH LAW; INDEMNIFICATION
You agree that your use of any YOURNUHIGH.com Products and/or YOURNUHIGH.com services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless YOURNUHIGH.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any YOURNUHIGH.com Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
THIRD PARTY LINKS
ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from YOURNUHIGH.com. For any dispute with YOURNUHIGH.com, you agree to first contact us via e-mail and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that YOURNUHIGH.com has not been able to resolve a dispute it has with you after sixty (60) days, you and YOURNUHIGH.com each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or your purchase or use of NUHIGH Products (collectively, “Claims”), by binding arbitration by AECADR, under the Optional Expedited Arbitration Procedures then in effect for AECADR, except as provided herein (including the exclusion of any claims brought by YOURNUHIGH.com for injunctive or other equitable relief as provided in Section 16 below).
AECADR may be contacted at www.aecadr.com. The arbitration will be conducted online, unless you and YOURNUHIGH.com agree otherwise. If you are an individual using YOURNUHIGH.com Products, services, or the Website for non-commercial purposes: (i) AECADR may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AECADR; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 16 below.
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or YOURNUHIGH.com Products or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless YOURNUHIGH.com’ agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into this agreement, you and YOURNUHIGH.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
GOVERNING LAW AND VENUE
These Terms and Conditions will be governed by and interpreted under the laws of the State of Pennsylvania, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 15 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Philadelphia, Pennsylvania. You agree that Philadelphia, Pennsylvania is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 15 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Pennsylvania. You agree that: (i) the Website and YOURNUHIGH.com Products and services shall be deemed solely based in Pennsylvania; and (ii) the Website and YOURNUHIGH.com’ services shall be deemed passive ones that do not give rise to personal jurisdiction over YOURNUHIGH.com, either specific or general, in jurisdictions other than Pennsylvania.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
RELEASE AND WAIVER OF CLAIMS; ASSUMPTION OF RISK
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against YOURNUHIGH.com, or any of its distributors, resulting from use of the Website and YOURNUHIGH.com Products and services; and (ii) to release YOURNUHIGH.com or any of its distributors from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website and any YOURNUHIGH.com Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of YOURNUHIGH.com, in the design or manufacture of the Website or of any YOURNUHIGH.com Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”
You and YOURNUHIGH.com understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against YOURNUHIGH.com, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
USE OF MATERIAL FROM THIS WEBSITE
All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by YOURNUHIGH.com or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content are provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an “AS IS” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
YOURNUHIGH.COM PRODUCTS AND SERVICES, AND THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE LIMITED WARRANTY, YOURNUHIGH.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES OF ANY KIND, AND LIMITS THE DURATION OF ANY AND ALL IMPLIED WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), WHETHER RELATED TO USE OF THIS WEBSITE OR YOURNUHIGH.COM PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION CONCERNING THE USE OF ANY YOURNUHIGH.COM PRODUCTS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOURNUHIGH.COM OR THROUGH ANY YOURNUHIGH.COM PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EXCEPT AS PROVIDED IN THE LIMITED WARRANTY (A COPY OF WHICH MAY BE REVIEWED AT WWW.YOURNUHIGH.COM/WARRANTY), AND EXCEPT TO THE EXTENT PROHIBITED BY THE LAWS OF ANY STATE, YOURNUHIGH.COM, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE, IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE YOURNUHIGH.COM PRODUCTS AND SERVICES, AND THIS WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE YOURNUHIGH.COM PRODUCTS OR SERVICES, OR THIS WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
YOURNUHIGH.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND YOURNUHIGH.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE THAT YOU MUST REGISTER AN ONLINE ACCOUNT AND AGREE TO YOURNUHIGH.COM’S TERMS AND CONDITIONS TO RECEIVE WARRANTY SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS. LIMITATIONS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER YOURNUHIGH.COM NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) PURCHASE AND/OR USE OF ANY YOURNUHIGH.COM PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS WEBSITE; OR 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF E-MAIL MESSAGES YOU SEND US; IN EACH CASE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO YOURNUHIGH.COM HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LOST DEVICE REPLACEMENT PLAN
This Section governs the services provided by YOURNUHIGH.com under the YOURNUHIGH.com Loss Protection Plan (the “Plan”), which is incorporated into the Terms by reference. “You” “your” and similar terms refer to end user consumer purchasers subject to the terms of the Plan. Except as specified in this Plan, benefits under this Plan are additional to your rights under applicable laws, the Limited Warranty and any technical support. The Plan covers NUHIGH devices contained in NUHIGH collections and NUHIGH products (collectively, “Covered Devices”) purchased by end user consumers. Coverage begins when you purchase a Covered Device and continues for one year after the date of the purchase of such Covered Device (the “Plan Term”).
If during the Plan Term, you submit a valid claim by notifying YOURNUHIGH.com that you have lost a Covered Device, YOURNUHIGH.com will allow you to purchase a replacement device up to two (2) times within one (1) year from the date of purchase of the original Covered Device at a discounted rate of five ($5) dollars off a NUHIGH product, but not more often than one (1) time per 24 hours.
All replacement devices provided under this Plan will at a minimum be functionally equivalent to the original product but may not be the exact same model.
Exclusions apply as described below. Further, services under the Plan expire and all of YOURNUHIGH.com’ obligations to you under the Plan are fulfilled in their entirety once YOURNUHIGH.com has provided you with the maximum number of replacement devices allowed under the plan. You may obtain service or Technical Support by contacting customer support. YOURNUHIGH.com may change the method by which YOURNUHIGH.com provides Plan services to you, and your Covered Device’s eligibility to receive service. Service options, availability and response times may vary. You may be responsible for shipping and handling charges to facilitate service in a location where service is available and will be responsible for all associated taxes and charges.
To receive service or support under the Plan, you agree to (i) provide proof of purchase of your original Covered Device, (ii) provide information about the loss of the Covered Device, (iii) respond to requests for information, and (iv) follow instructions YOURNUHIGH.com gives you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOURNUHIGH.COM AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED DEVICES FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM YOURNUHIGH.COM’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF YOURNUHIGH.COM AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE COVERED DEVICE.
(a) YOURNUHIGH.com is not responsible for any failures or delays in performing under the Plan that are due to events outside YOURNUHIGH.com’s reasonable control;
(b) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia, except where prohibited by local law or regulation. Persons who have not reached the age twenty-one (21) years at time of purchase are ineligible for the Plan;
(e) The terms of the Plan shall prevail over any conflicting, additional, or other terms of any purchase order or other document and constitute your and YOURNUHIGH.com’s entire understanding with respect to the Plan;
(f) Except where prohibited by law, the laws of the State of Pennsylvania govern the Plan as issued to U.S. customers. If these terms are inconsistent with the laws of any jurisdiction where you reside, then the laws of that jurisdiction will control; and
(g) You are not eligible to receive service under the Plan if:
(i) such service is disallowed or limited by federal, state, or local law or regulation;
(ii) the purchase of a Covered Device was not made by you;
(iii) YOURNUHIGH.com has reason to believe that a claim is invalid due to fraud or misrepresentation, or is otherwise the result of a scheme to manipulate the Plan;
(iv) you purchase NUHIGH Products for resale — the Program is only available to end user consumers of NUHIGH Products; or
(v) you have already made a claim under the Warranty for the Covered Device.
Orders must be placed before 3:00 p.m. ET for next-day delivery. Additionally, all orders placed in California must receive an automated telephone message to confirm purchase pre-delivery.
Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YOURNUHIGH.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by YOURNUHIGH.com of any breach of this Agreement is effective unless in writing.
DiMarco Morley LLC
373 Dawson Street
Philadelphia, Pennsylvania 19128