NANO LAMINATION® Website's Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these conditions, terms of use, and all applicable laws. These Terms and Conditions apply to all users of the Site, including, but not limited to, users who are contributors of information, content, and other materials or services on this Site. If you do not agree to these terms, then you do not have the right to access, view, download, purchase any products, or otherwise use the Site, and, accordingly, you should not do so.
The NanoLamination Websites (collectively, the "NanoLamination Web Sites") owned and operated by NanoLamination LLC. or its affiliates or subsidiaries ("NanoLamination"), is made up of various Web sites and Web pages. The NanoLamination Web sites are offered to you conditioned on without modification, the terms, conditions, and notices contained herein. Your use of the NanoLamination Web Sites constitutes your agreement to all such terms, conditions, and notices. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. Your use of a particular NanoLamination website included within the NanoLamination Web Sites network may also be subject to additional terms outlined elsewhere on that website (in the "Additional Terms"). In addition, the NanoLamination Web Sites may contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NanoLamination website, then these terms shall be controlled.
Modification of the Terms of Use:
NanoLamination reserves the right to change the conditions, terms, and notices under which the NanoLamination Web Sites are offered, including but not limited to the charges associated with the use of the NanoLamination Web Sites on a going-forward basis. You are responsible for reviewing these terms and conditions regularly.
Use of Site. Personal and Non-Commercial Use NanoLimitation:
Unless otherwise noted, the NanoLamination Web Sites are intended for your personal, non-commercial use. You must not copy, distribute, modify, display, perform, transmit, reproduce, license, publish, create derivative works from, transfer, or sell any software, information, products, or services obtained from the NanoLamination website unless this is done for noncommercial purposes. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of this Site.
Any other use of materials on this Site, including but not limited to the modification, republication, distribution, reproduction, display or transmission of the content of this Site, without prior written permission by NanoLamination is strictly prohibited.
Harassment in any manner or form on any of the NanoLamination Web Sites, including via chat and email or using obscene or abusive language is strictly forbidden. Impersonating others, including a NanoLamination representative, employee, host, or other members or visitors on the NanoLamination Web Sites is strictly prohibited. You may not upload to, distribute, or otherwise publish through the NanoLamination Web Sites any content that is obscene, libelous, threatening, defamatory, invasive of privacy or publicity rights, illegal, abusive, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks:
All content included in the NanoLamination Web Sites, including but not limited to text, graphics, design, interfaces, or code and the arrangements and selection thereof is copyrighted as a collective work under the United States and other copyright laws and is the property of NanoLamination. The collective work also includes works that are licensed to NanoLamination. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to NanoLamination, or other respective owners that have granted Nano Lamination the right and license to use such Marks.
Notices and Procedures for Making Claims of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES IRRELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE.
NanoLamination respects the intellectual property of others, and we ask our visitors and users to do the same.
NanoLamination will investigate and process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, NanoLamination will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NanoLamination with the following information. Please be advised that to be effective, the Notification must include ALL of the following:
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A description of the copyrighted work that you claim has been infringed;
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A description of where the material that you claim is infringing is located on the Nano Lamination website reasonably sufficient to permit us to locate the material;
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A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
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Your telephone number, address, email address, and all other information reasonably sufficient to permit NanoLamination to contact you;
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to NanoLamiantion
By Mail:
Nano Lamination
Legal Department
10475 SW 56th St, Cooper City , Florida 33328
Or Bay Email: nanolamination@gmail.com
Term and Termination:
These terms and conditions are applicable to you upon your accessing the NanoLamination Web Sites. These terms and conditions may be modified or terminated by NanoLamination without notice at any time for any reason. NanoLamination may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding to you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site. The provisions relating to Copyrights and Trademarks, Claims, Disclaimers Limitation of Liability, Applicable Laws, Indemnification, Arbitration, and General, shall survive any termination.
User Participation:
NanoLamination does not and cannot review all materials and communications posted on or created by users accessing the NanoLamination website and is not in any way responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the NanoLamination Web Sites, NanoLamination is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related to any content or activities on the Nano Lamination Web Sites. However, NanoLamination reserves the right to block or remove communications or materials that it determines to be (a) obscene, abusive, or defamatory (b) deceptive, fraudulent, or misleading, (c) in violation of a copyright, trademark, or; other intellectual property right of another or (d) in violation of any law or regulation or (e) offensive or otherwise unacceptable to NanoLamination at its sole discretion. Please note that any personally identifiable information you may post or transmit will be treated by NanoLamination by Nano Lamination Privacy Policy.
User Submissions:
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any information, material, or other communication you upload, transmit, or post to this Site ("Communications") will be considered non-proprietary and non-confidential. NanoLamination will have no obligation concerning the Communications. NanoLamination and its designees will be free to copy, distribute, disclose, incorporate, and otherwise use any concepts, ideas, know-how, techniques, Communications, and all data, text, sounds, images, and other things embodied therein for any commercial or noncommercial purposes, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to the user. NanoLamination may, but is not obligated to, monitor or review any areas on the NanoLamination Web Sites where users transmit or post communications or communicate solely with each other, including but not limited to bulletin boards, chat rooms, or other user forums, and the content of any such Communications. NanoLamination, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, privacy, libel, obscenity, or otherwise.
Third-Party Links:
In an attempt to provide greater value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with NanoLamination, NanoLamination has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NanoLamination. NanoLamination is not responsible for the content, advertising, availability, products, services, or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that NanoLamination approves of, is affiliated or associated with, sponsors, endorse or has been legally authorized to use any trademark, trade name, service mark, logo, design, symbol or other copyrighted materials displayed on or accessible through such External Sites. NanoLamination has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.
Disclaimer:
NanoLamination makes no warranties or representations about the completeness or accuracy of this Site's content or the content of any site or External Sites.
NanoLamination does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and users could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to accompany their children when they spend time online and to consider using electronic filtering software.
This site and the services, materials, products, and, information s on this site, including, without limitation to, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NanoLamination disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, freedom from computer virus, non-infringement and warranties arising from course of dealing or course of performance. NanoLamination does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. NanoLamination does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, completeness, accuracy, usefulness, adequacy, reliability, timeliness, or otherwise. The above limitations may not apply to you.
NanoLimitation of Liability:
In no event shall NanoLamination be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, or any damages whatsoever, even if NanoLamination has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the I services, materials, information, products, and available on this site. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for incidental or consequential damages, the above limitations may not apply to you.
Applicable Laws:
Your usage of The NanoLamination Web Sites shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the NanoLamination Web Sites (including but not limited to the purchase of NanoLamination products) shall be in the state or federal courts located in Miami, Florida Any cause of action or claim you may have with respect to the NanoLamination Web Sites (including but not limited to the purchase of NanoLamination products) must be commenced within one (1) year after the claim or cause of action arises. NanoLamination's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the trade practice nor the course of conduct between the parties shall act to modify any of these terms and conditions. NanoLamination may assign its rights and duties under this Agreement to any party at any time without notifying you.
NanoLamination makes no representation that materials in the NanoLamination Web Sites are appropriate or available for use in other locations, and access to them in territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not export or use the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.
Arbitration:
By using this Site, you agree that NanoLamination, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, invalidity, violation, nullity,, termination or non-performance, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award consequential, punitive, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
TERMS OF USE OF THE NANOLAMINATION E-STORE:
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS BEFORE USING THE NanoLamination E-STORE (the "E-Store"). The following are the terms of the agreement between Nano & Bio Lamination LLC. (“NanoLamination”) and the Buyer (“Buyer”) of any products through the NanoLamination website (the “Site”). Buyer is advised to review these terms carefully before ordering:
Introduction:
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between NanoLamination and Buyer and supersedes any and all prior or contemporaneous agreements, warranties, representations, and understandings with respect to the goods and information provided through or by the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
Setup And Payment:
Buyer represents and warrants that (i) the credit card information supplied is true, correct, and complete (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through the use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify NanoLamination within 24 hours of any breach of this Contract or unauthorized use of the password. NanoLamination does not protect Buyer from unauthorized use of Buyer's password.
Copyright:
The content, organization, compilation, gathering, magnetic translation, digital conversion, and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is strictly prohibited.
EDITING, DELETING, AND MODIFICATION:
NanoLamination reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, NanoLamination may modify this Contract, or prices, and may revise or discontinue any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE:
NanoLamination reserves the right in its sole discretion, without prior notice, to refuse service to anyone at any time. The sale of any goods is subject to availability.
INDEMNIFICATION:
Buyer agrees to indemnify, defend, and hold NanoLamination and its affiliates, licensors, and suppliers harmless from any loss, liability, claim, and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the E-Store.
NON-TRANSFERABLE:
The buyer's right to use the E-Store is not transferable and is subject to any limits established by NanoLamination or by the Buyer's credit card company.
DISCLAIMER:
The goods offered through the e-store are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of NanoLamination for any reason and the buyer's sole and exclusive remedy for any cause whatsoever shall be limited to the amount paid by the buyer for the particular items purchased. NanoLamination and any of its affiliates, suppliers, or dealers are not liable for any indirect, incidental, special, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between NanoLamination and the buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding the limitation of liability.
ORDER CONFIRMATION & SHIPPING:
After the Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to the Buyer shortly after the order has been submitted. If an order confirmation does not arrive within 24 hours after submission, the Buyer shall contact NanoLamination Online Customer Service by phone at 1347-206-3618, or via email at nanolamination@gmail.com for assistance.
NanoLamination orders are shipped on business days (Monday through Friday 10:00-16:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product, or contains a damaged or defective item, the Buyer shall contact NanoLamination Online Customer Service by phone at 1347-206-3618, or via email at nanolamination@gmail.com for assistance.
RETURN POLICY:
NanoLamination does not accept any returns for products purchased on the E-Store. Products purchased on the E-Store cannot be returned to a NanoLamination distributor nor to a salon that sells NanoLamination products.
If a product purchased on the E-Store is defective, the customer shall contact Nano Lamination Online Customer Service by phone at 1347-206-3618, or via email at nanolamination@gmail.com, within 14 days of receipt of the product purchase.
In order to process the request, the customer shall provide a detailed description of the defect and proof of purchase.
USE OF INFORMATION:
NanoLamination reserves the right, and Buyer authorizes NanoLamination, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
GOVERNING LAW:
This Agreement is governed by the substantive laws of the State of Florida, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration, such as Florida Code of Civil Procedure '' §§ 1281.2, 1281.3 or 1281.4. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to the jurisdiction and venue of the state and federal courts in Miami, Florida.
Any cause of action of the Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
LITIGATION:
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of Florida and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or NanoLamination is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of NanoLamination to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
ACKNOWLEDGMENT:
This Agreement represents the entire understanding between Buyer and NanoLamination regarding its use of the E-Store and supersedes any prior statements or representations.
ORDER LIMITS:
Products ordered online are not for resale. As such, NanoLamination reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES:
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by NanoLamination are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on the Buyer’s packing slip and order confirmation e-mail.
SECURITY ONLINE:
Credit card information entered on the E-Store is safe and secure using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, NanoLamination can ensure that all orders are placed safely and securely. As such, NanoLamination is not liable for any direct or indirect damages related to credit card fraud or theft.
INTERNATIONAL ORDERS:
At this time, NanoLamination ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S. territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
CUSTOMER SERVICE
For any questions on how to order or the status of an order, please contact NanoLamination Customer Service by phone at
1347-206-3618, Monday to Friday 10:00-16:30, or via email at nanolamination@gmail.com for assistance.