| Welcome to NUTZOVER.com. NUTZOVER.com and/or its affiliates
(" NUTZ OVER") provide website features to you subject to the following
conditions. If you visit or shop at NUTZOVER.com, you accept these
conditions. Please read them carefully. In addition, when you use
any current or future NUTZ OVER service or business you also will be subject to
the guidelines, terms and agreements ("Terms") applicable to such
service or business. If these conditions are inconsistent with such
Terms, the Terms will control. PRIVACY
Please review our Privacy Notice, which also governs your visit to
NUTZOVER.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit NUTZOVER.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. 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.
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 NUTZOVER 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 NUTZOVER and protected by U.S. and international copyright
laws. All software used on this site is the property of NUTZOVER or its
software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
NUTZOVER, NUTZOVER.COM, NUTZOVER.NET, NUTZOVER.ORG, NUTSOVER.COM, NUTSOVER.NET, NUTSOVER.ORG, and
other NUTZOVER.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress
of NUTZOVER in the U.S. and/or other countries. NUTZOVER's trademarks and
trade dress may not be used in connection with any product or service
that is not NUTZ OVER's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
NUTZ OVER. All other trademarks not owned by NUTZ OVER that appear on this
site are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by NUTZ OVER.
LICENSE AND SITE ACCESS
NUTZ OVER 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 express written consent of
NUTZ OVER. This license does not include any resale or commercial use of
this site or its contents; any collection and use of any product
listings, 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
express written consent of NUTZ OVER. 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 NUTZ OVER without express written consent. You may not use any meta
tags or any other "hidden text" utilizing NUTZ OVER's name or trademarks
without the express written consent of NUTZ OVER. Any unauthorized use
terminates the permission or license granted by NUTZ OVER. You are
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of NUTZ OVER.com so long as the link does not
portray NUTZ OVER, or its products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
NUTZOVER
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 and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
NUTZOVER does
sell products for children, but it sells them to adults, who can
purchase with a credit card or other permitted payment method. If you
are under 18, you may use NUTZ OVER.com only with involvement of a parent
or guardian. NUTZ OVER reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may be allowed to post reviews, comments, photos, and other content;
send e-cards and other communications; and submit suggestions, ideas,
comments, questions, or other information, 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. NUTZOVER 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 NUTZ OVER 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
NUTZ OVER and sublicensees 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
NUTZ OVER for
all claims resulting from content you supply. NUTZOVER has the right but
not the obligation to monitor and edit or remove any activity or
content. NUTZ OVER takes no responsibility and assumes no liability for
any content posted by you or any third party.
COPYRIGHT COMPLAINTS
NUTZOVER respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please contact us.
RISK OF LOSS
All items purchased from NUTZ OVER are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
NUTZ OVER attempts to be as accurate as possible. However,
NUTZ OVER 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 NUTZ OVER itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in
accordance with standard industry practice; or the estimated retail
value for a comparably featured item offered elsewhere. The List Price
is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. For certain
items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's
estimated or suggested retail price for each of the items included in
the set. Where an item is offered for sale by one of our merchants,
the List Price may be provided by the merchant.
With respect to items sold by NUTZ OVER, we cannot confirm the price
of an item until you order. Despite our
best efforts, a small number of the items in our catalog may be
mispriced. If an item's correct price is higher than our stated price,
we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and
shipped by NUTZ OVER. Your purchases from third-party sellers using
NUTZOVER Payments are charged at the time you place your order, and
third-party sellers may follow different policies in the event of a
mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NUTZOVER ON AN "AS
IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
NUTZ OVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUTZ OVER DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NUTZOVER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR
E-MAIL SENT FROM NUTZ OVER ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NUTZOVER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 NUTZOVER.com, you agree that the laws of the state of
Pennsylvania, 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 NUTZ OVER.
DISPUTES
Any dispute relating in any way to your visit to NUTZOVER.com or to
products or services sold or distributed by NUTZ OVER or through
NUTZOVER.com in which the aggregate total claim for relief sought on
behalf of one or more parties exceeds $7,500 shall be adjudicated in
any state or federal court in Berks County, Pennsylvania, and you consent
to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern
your visit to NUTZOVER.com. 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.
Notice and Procedure for Making
Claims of Copyright InfringementIf you believe that your work has been copied in a way that constitutes
copyright infringement, please provide NUTZOVER.com's agent
the written information specified below. Please note that this
procedure is exclusively for notifying NUTZ OVER that your copyrighted
material has been infringed.
- An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed upon;
- A description of where the material that you claim is infringing
is located on the site, including the auction ID number, if
applicable;
- Your address, telephone number, and e-mail address;
- 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;
- 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 the copyright owner's
behalf.
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