1. Acceptance of Terms
This User Agreement (the “Agreement’’) specifies the Terms and Conditions for access to and use of shopneora.com website (the “Site’’). This Agreement may be modified at any time by Neora™, LLC upon posting of the modified agreement. Any such modifications shall be effective immediately. The website is provided by Neora™, LLC. By using this website and related services (“Site”), you are deemed to have read and agreed to be legally bound by the following Terms and Conditions (“Terms”) of this Agreement. When using any other Neora services, you are subject to any published guidelines or rules that may apply to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms. If you have any questions about the Agreement, you may contact us at support@buyneora.com.
2. Description of Service
Enables Customers to purchase Neora products. Unless specifically stated otherwise, any new features that enhance or modify the current service shall also be subject to these Terms. Each use of this service by you shall constitute and is deemed to be your unconditional acceptance of this Agreement.
3. User Account, Password, Security, and Termination
Customers registering directly on the shopneora.com website will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Neora of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Neora cannot and will not be liable for any loss or damage arising from your failure to comply with Section 3.
You agree that Neora, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, at any time for any reason. Neora may also, at its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Neora may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Site. Further, you agree that Neora shall not be liable to you or any third party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
4. Privacy Policy
Your privacy is very important to Neora. Users of this Site should refer to our Privacy Policy for information about how Neora collects and uses personal information. By accepting this Agreement, you expressly consent to the disclosure and use of your personal information by Neora (including using email to communicate with you) as described in the Privacy Policy.
5. Use of Site
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable federal, state/provincial/territorial and local laws, statutes, regulations, ordinances, and international laws and will not take any action that harms or violates the rights of any person or entity.
6. Restrictions of Use of Site
a. Proprietary Rights.
The Site contains information, text, data, photographic images, designs, logos, graphics, and other materials and effects that are protected by copyrights, trademarks, service marks, trade dress, or other intellectual or proprietary rights owned by Neora, its affiliates, or other third parties. You agree that these rights belong to their respective owners and are protected in all forms, media, and technologies existing now or hereinafter developed. The Neora logo and web/product service names are also likewise protected. You may not use or distribute any content received through the Site without the authorization of the content owner, except for uses permitted by law. You agree not to publish, reproduce, copy (in whole or in part), upload, download, post, email, sell, or otherwise distribute content available through the Site, including code and software, in violation of applicable copyright and other intellectual property laws. You agree not to use, display, or “mirror” any of the content on this Site in any manner.
b. Online Conduct.
By using this Site, you agree to be subject to all applicable local, state/provincial/territorial, federal and international laws. You agree not to use this Site or any of the contents contained herein for any illegal purpose nor to transmit to or through this Site any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site (including by using any products, merchandise, or the services offered on or in connection with the Site). You specifically agree not to:
- Impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity.
- Act in any way that would negatively affect other users’ ability to engage in real-time exchanges
- Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
9. Disclaimer and Limitation of Liability
This site and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Without limiting the foregoing, Neora specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the site or on sites that may appear as links on the site or as the manufacturer of the products provided as a part of, or otherwise in connection with, the site, including without limitation any warranties of merchantability, fitness for a particular purpose, or noninfringement of third-party rights. No oral advice or written information given by Neora or by any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability of information is subject to change without advance notice.
Your use of the site and its contents is at your own risk. Neither Neora nor any of its affiliates or other parties involved in creating and delivering the site, or the service, or any products provided as a part of, or otherwise in connection with, the site, will be liable for any compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss of or damage to property; or any claims of third parties arising from use of the site, regardless of the legal theory on which the claim is based, and even if advised of the possibility of such damages, including without limitation any damages arising out of reliance by the user on information obtained from Neora or the site, or for damages that result from any mistake, omission, virus, delay in operation, interruption in service, or failure of performance, whether or not resulting from an act of God, communications failure, theft, or unauthorized access to Neora’s records or the site. Some states/provinces/territories do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states/provinces/territories, liability is limited to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify and hold Neora and its subsidiaries, affiliates, officers, partners, owners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and costs of litigation made by any third party due to or arising out of your use of the service, use of your account by any third party, the violation of the terms and conditions of use by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
12. Dispute Resolution
This Site is controlled by Neora which is headquartered in Farmers Branch, Texas, U.S.A. Any and all disputes regarding, or related to, this Agreement, and all other documents incorporated herein, shall be governed and construed in accordance with the laws in the State of Texas, and shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted under its rules; the arbitration proceeding shall be held in Dallas County, Texas. The arbitration shall be conducted before a single arbitrator and shall not be conducted on a class-wide, class-action, or multiple-complaining-party basis. The prevailing party shall recover its attorneys’ fee and costs from the losing party.
13. Third-Party Dealings
The Site may contain links to other websites, content, or resources. These linked Sites are not under the control of Neora and therefore Neora is not responsible or liable for any content, advertising, products, services, or other matters on or available from such sites or resources from such advertisers or third parties; you agree that you shall not seek to recover any damages, whether at law or in equity, from Neora arising out of, or related to, any such third parties or other companies. Your communications or business dealings with, or participation in promotions of, advertisers or other third parties found on or through Neora are between you and such advertisers or third parties. You agree that Neora shall also not be responsible or liable for any loss or damage of any kind related to such dealings with advertisers or third parties.
14. Security
You agree not to violate or attempt to violate the security of this Site, including without limitation (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding.
15. General
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. If Neora fails or declines to enforce any right or provision in these terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by Neora in writing. The terms comprise the entire agreement between you and Neora and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, whether written or oral, between the parties regarding the subject matter contained herein. Your use of the Site is subject to the additional disclaimers that may appear throughout the Site. If you violate these terms, Neora reserves the right to terminate your access to the Site and related services without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.