Terms and Conditions
This website is owned and operated by Liquid eCommerce Partners LLC doing business as NoAndLow.com or “NAL”.
THESE TERMS AND CONDITIONS,MAY BE MODIFIED FROM TIME TO TIME. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THIS WEBSITE, PURCHASING PRODUCTS OR SERVICES ON NAL, OR SELLING PRODUCTS VIA THE NAL PLATFORM. Your use of this website or purchase of any product or service on NAL constitutes acceptance of these Terms by you (“User” or “Customer”). IT IS ADVISED THAT YOU READ THESE TERMS PRIOR TO EVERY USE.
Registration on this website provides the ability to store frequently used information such as beverage queries and personal information used to speed check-out, as well as access to NAL software, prices and premium third-party content licensed by NAL.
Upon registration, User must provide a working email address and a password. The user, or user’s authorized representative, must ensure that these remain confidential at all times and agrees that User is solely and entirely responsible for all activities which occur under User email address and password. The user must notify NAL immediately if User becomes aware of any unauthorized use of User email address and password. Each User email address and password must be used by a single user and/or User’s authorized representative(s) and is not transferable. NAL may suspend or terminate access to an account if it suspects unauthorized or improper use.
As a condition of use of this website, User expressly agrees not to use the website, the NAL software, or other Internet services provided by NAL for any purpose that is unlawful or prohibited by these Terms. User agrees to abide by all applicable local, state, national, and international laws and regulations. User agrees that User is solely responsible for all acts or omissions that occur under User’s account including the content of transmissions through NAL’s service.
Without NAL’s prior written consent User may not reproduce, distribute, modify, create or display derivative works based on, repost or otherwise use the content of this website. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property rights.
User agrees not to:
1. Attempt to access this website or any of its content if User is under the legal drinking age of the jurisdiction from which User accesses this website;
2. upload, post or otherwise transmit through or to this website any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, pornographic, violent, defamatory or otherwise objectionable;
- might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- contains any computer viruses or any other harmful programs or elements;
3. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website, its computer systems, data, servers or networks;
4. provide false information about User to NAL, impersonate any other person, or otherwise attempt to mislead others about User’s identity or the origin of any content, message or other communication;
5. transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
6. collect information about other visitors to NAL website(s) without their consent or otherwise systematically extract any data or data fields, including without limitation any financial data or email addresses;
7. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by NAL;
8. redistribute any content, including reviews, provided by NAL in any manner whatsoever including by means of printed publication, fax broadcast, mobile devices, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
9. is indeed a consumer, purchasing as a gift or for personal use, and is not a retailer nor a distributor/wholesaler that will re-sell to another consumer or trade account.
NAL reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
“Upload” means to post, enter, or otherwise provide to this website or the NAL software. “Contribution” means any tasting notes, comments, photos, data, reviews, or other information or materials that a user Uploads and is either displayed solely to the User or publicly. “User owned Contribution” means a Contribution that User, rather than a third party, owns.
By Uploading any Contribution, User represents and warrants that User has the right to Upload that Contribution. The user will not Upload any Contribution that User does not have the right to Upload.
NAL will provide a means by which User may designate that a Contribution is not a User-owned Contribution. The user will make all such designations appropriately and accurately; absent such designation, NAL may rely upon User’s warranty that the Contribution is a User-owned Contribution.
User hereby grants NAL an irrevocable, perpetual, worldwide, fully-paid, non-exclusive license to create derivative works of each User-owned Contribution and to use, reproduce, modify, adapt, publish, perform and display the User-owned Contribution and its derivative works, so long as User is not identified as the source thereof; provided, however, that if User authorizes NAL to identify User as the source, then User will be so identified. User represents and warrants that User has the right to grant the foregoing license.
User acknowledges that NAL has no obligation to screen, and does not screen, Contributions when they are Uploaded. NAL will have the option to not maintain or utilize Contributions after they have been deleted by the User. Exceptions to this are product label photo contributions that have been verified by our data team and made available to all Users.NAL has sole discretion to delete any Contributions it deems inappropriate.
NAL has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. User’s linking to any other off-site pages or other sites is strictly at User’s own risk.NAL has sole discretion to delete any links it deems inappropriate.
NAL’s Right to Terminate
NAL reserves the right to terminate access to NAL services and websites at any time. In such event: 1) User is no longer authorized to access NAL; 2) User will continue to be subject to and bound by all restrictions imposed on User by these Terms; and 3) All licenses granted by User and all disclaimers by NAL and limitations of NAL’s liability set out in these Terms or elsewhere on NAL’s websites or documentation will survive.
Termination by User
If User is dissatisfied with any portion of the service, or with any of these Terms, User’s sole and exclusive remedy is to discontinue using the website. This Agreement is effective until terminated by either party.
Platform: Basics and Definitions
Legal age requirement:
In the United States, Non Alcoholic Products may be purchased/sold by and delivered to only persons who are at least 18 years old in the U.S or such other minimum age as is required in non-U.S. jurisdictions (“Legal Age”). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any product will be delivered is also of Legal Age.
By agreeing to the Terms and Conditions you attest to being 18 years of age or older and understand you risk prosecution otherwise.
For shipments to international Customers will similarly abide by the rules of their country.
Any product may be offered for sale via the Platform provided it meets the following criteria:
- Physically located within the United States
- Registered for commercial sale in the United States and meets United States labeling requirements and standards
- Sold by the licensed manufacturer, distributor/importer, or retailer of the product.
Any User may mark Eligible Product for sale (collectively, the “Inventory” of the items to be sold) in the Platform via User’s NAL account (or the account of an approved Platform partner) with a firm commitment to sell such Eligible Product. Such user may unilaterally modify its current Inventory through additions or deletions at any time prior to a sale. Such User shall hereafter be referred to as a “Seller”. The seller must legally be able to sell the Eligible Product and will not mark items for sale that it did not manufacture, does not own and physically possess. In particular, Seller represents and warrants that Seller has the right, title, and authority to sell the Eligible Product; and that each Eligible Product is free and clear of all liens, claims, and encumbrances of any type or kind at the time Eligible Product is sold and at all times until title has transferred thereafter. Eligible Products that appear online shall be offered for sale online and shall continue to be offered for sale until such date as Seller accepts an order and updates its inventory unmarked them for sale. Any Seller must have the ability to form a legally binding contract under applicable law. By accepting an order, Seller confirms it is entering a binding legal contract to complete the sale subject to other terms and conditions herein.
The identity of Platform participants:
NAL shall not reveal the identity of either Buyers or Sellers to any User not employed or acting as a contractor, consultant, or affiliate of NAL.
Vendor Subscription Agreements:
With regard to vendors’ monthly/annual contracts with NALInc, vendor should reference contract directly.
NAL’s role as Platform manager:
NAL, in its role as the manager of the Platform, shall act as a central point to monitor both Sellers’ and Buyers’ failure to perform obligations, complete purchases, as well as complaints about the product. It is the Sellers & Buyers obligation to come to agreement if there is a dispute regarding the Products sold as NAL is not the owner of the Products. REPEATED FAILURES TO PERFORM BY A BUYER OR SELLER MAY ULTIMATELY LEAD TO SUSPENSION OF PLATFORM PRIVILEGES ATNAL’S SOLE DISCRETION.
Placing an Order:
To place an order, Buyer must provide a valid Online payment account or credit card account. By placing an order:
- Buyer agrees to such pre-authorization process.
- Buyer confirms it is entering a binding legal contract to complete a purchase upon acceptance of the Order by any Seller subject to other terms and conditions herein.
- Buyer authorizes NAL to charge Buyer’s credit card immediately on order acceptance by any Seller for the product of the order price inclusive of all retail/alcohol taxes, shipping/handling fees, and shipping costs. If Multiple Purchases from separate sellers are specified as the order fulfillment method, this may result in multiple charges to Buyer’s credit card to fulfill a single order.
- Buyer acknowledges that should the payment method provided fail to authorize the full amount of the transaction, then such order will be immediately canceled and no transaction completed unless the Seller agrees to a delay of up to one business day to enable NAL to secure payment. In no event shall NAL be liable for the failure of a Buyer’s payment method to authorize a transaction. In addition, FAILED TRANSACTIONS WILL ALSO BE RECORDED IN NAL’S PLATFORM MANAGEMENT SYSTEM AND MAY ULTIMATELY LEAD TO SUSPENSION OF BUYER’S PLATFORM ORDERING PRIVILEGES.
NAL shall notify Buyer by email immediately upon a successful payment authorization confirming the details of the order and the expected timeframe to fulfillment (see the transfer of title to Winning Buyer). NAL shall also notify Buyer by email if a payment fails with the details of the declined charge and the order to which it applied.
Platform product condition:
NAL does not warrant any product’s suitability for consumption. However, NAL encourages Buyers who are not satisfied about the condition of a product, or if they believe the item to have been misrepresented, to contact the Seller immediately to explain the circumstances and to discuss the matter. See NAL’s role as Platform manager.
Risk of purchase rescission:
Should a transaction need to be partially or fully reversed because of a canceled transaction by Seller, Buyer’s payment method will be credited for the reversed portion of the purchase. An email notification of the purchase rescission will be sent to the Buyer documenting the details.
NAL shall if applicable be entitled to deduct and retain from the proceeds of any sale of products a Seller’s Processing Fee, which shall be calculated as a percentage of the final gross purchase price. The Seller’s Processing Fee shall coincide with their applied subscription plan.
Seller promises and agrees to be fully responsible for, to pay and/or reimburse, and to bear any and all expenses that relate to ensuring the products are transferred and received by a Buyer. If a common carrier is being used to ship product, NAL’s chosen carrier and shipping account must be used and NAL will provide Seller with shipping instructions that are required with respect to any shipment.
Other expenses may include but are not limited to, credit card charge backs, return shipping fees, and re-routing shipping fees. If NAL incurs any such costs on behalf of Seller, the relevant costs will be deducted by NAL from proceeds of any sale of products payable to Seller.
Order acceptance by Seller:
To accept an order, Seller must meet several requirements:
- The Seller of the products must be able to satisfy the order’s parameters.
- Seller shall agree to meet specific obligations regarding confirming the condition, quantity, and identity of the products being sold.
- Seller must accept full responsibility for compliance with all local, state, and federal laws as it relates to the sale and shipping of the product being sold.
Seller obligations after Bid acceptance:
Seller shall be required to convey and ship product to Buyer within 24hrs of an order being received unless over the weekend or Public Holiday. Seller agrees to obtain appropriate product shipper packaging to protect product during shipment and to follow NAL’s shipping procedures. Seller will be responsible for their own Customer Service with any issues that arise with the Buyer like dissatisfaction, damage, or compensation with the Buyer. NAL will provide help where needed like in helping Seller to file any insurance claims with shipper. Once requested proof of damage has been sent by Buyer.
Liabilities for loss while products are in common carrier custody:
During the period from receipt of products from a common carrier and prior to transfer of title to Buyer, NAL shall bear NO responsibility for ensuring the products against loss by theft, fire, or other means. All terms and conditions of common carrier shall apply.
NAL uses Authorize.net for payment processing services. By using the Authorize.net payment processing services you agree to the Authorize.net services agreement available for US transactions at. See link for Authorize.net “terms & agreements” https://www.authorize.net/about-us/terms.html
Canceled transactions by Seller:
After order acceptance, a transaction may be partially or fully canceled in several ways:
- Failure to ship/transfer the sold products in a timely manner stipulated by NAL
- An out of stock situation where Seller does not have this product available anymore or in the quantity ordered by Buyer
- Voluntary cancellation by Seller before completion of the sale (for any reason).
If for any reason the Seller continually is canceling transactions, NAL will review the Seller’s account to determine if the Seller should be permitted to continue listing/selling on NAL’s Platform. It will be up to the sole discretion of NAL if Seller’s account will be inactivated and prevented from selling on the Platform
Liability for Returns:
See vendor/seller-specific return policies.
NoAndLow.com.com is a Platform of independent shops and vendors/sellers. Vendor return policies, refunds, and exchanges should be displayed on the vendor’s page. If you are unable to resolve an issue with the vendor directly please contact us. Please remember to take pictures and send them along with the description of the situation to us and we will do our best to assist in resolving the issue.
Legal Age Requirement:
Alcoholic beverages may be purchased and delivered, subject to jurisdictional limitations, only to a person who is at least 18 years old in the U.S (“Legal Age”) or for international deliveries you are of legal age in your country. Customer represents that: (1) Customer is at least of Legal Age, and (2) the person to whom any Non Alcoholic beverages will be delivered to is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by NAL may require the signature of an adult possessing identification proving he or she is at least 18 years old. Acceptable ID like a state issued Driver’s or Non Driver’s License, Passport, or Military ID.
Confirmation of Product Purchases:
For products currently available for purchase, Customer may order online through the NALPlatform. However, no order shall be considered confirmed until Customer has fully paid and received an email or other written confirmation.
When Title (Ownership) Passes From Seller to Customer:
Title (ownership) of products is transferred from Seller to Customer/Buyer in the state in which Seller is located once an order confirmation is sent.
Valid reasons for return:
- Wrong product was sent
- Product is damaged/leaking upon arrival
- Shipper errors
Invalid reasons for return:
- You decide you don’t want the product after the title has transferred to you (see When title (ownership) passes from Seller to Customer).
- The product is showing signs of damage after leaving Seller for reasons including without limitation adverse weather conditions during shipment, delays caused by failed delivery attempts to Customer/Buyer through no fault of the shipper, improper storage, or other forms of mistreatment.
- You don’t like the product.
- You received a gift from someone via NAL and want to exchange it.
SaaS (Software as a Service)
NAL reserves the right to add and revoke features of the Platform’s use at any time
Retail State Sales Tax Policy:
NAL has partnered with a Retail Tax Service Company called TaxJar to provide retail tax calculations. See here for their terms & conditions. https://www.taxjar.com/terms-of-service/
Price Changes and Availability:
All prices associated with product offers to Customer, whether through the website, email, or other means, are subject to change without notice. Availability of product is subject to Seller inventory. NAL is not responsible for typographical errors or technology malfunctions and reserves the right to correct any errors in pricing without penalty to NAL or Customer. NAL also reserves the right to set minimum and maximum purchase quantities and to rescind order which violates such rules without penalty.
Occasionally, computer system issues, human errors, process faults, or other causes result in unintentional offers appearing on the website. NAL reserves the right to correct such unintentional offers and to rescind any orders which may have been placed that are associated with them by refunding the Customer’s money. Unintentional offers include, without limitation, offers of product for sale that Sellers do not have in stock, offers at incorrect prices, and misestimates of pre-arrival dates.
Disclaimers/Limitation of Liability:
Customer purchase and use of any product from Seller is at Customer’s risk. To the extent fully permitted by law, neither NAL nor any other party involved in creating, producing, or delivering products is liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to, or use of, products or goods purchased through use of NAL’s service. All goods are sold “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Shipping, Pickup, and Delivery
Interstate Shipping and Alternatives:
Due to direct shipping laws and regulationsfor non alcoholic/alcohol free beer, wines, & spirits which can change, NAL may be unable to permit the sale or shipment of products by Customers to certain states or to prohibited “dry zip codes” within certain states. The regulations and court decisions affecting the interstate shipment of non alcoholic/alcohol free beverages can change at any time and out of our control.
Therefore, NAL may change the states and regions to which it is able to permit transactions at any time and without notice to Customers or Sellers.
The Customer is solely responsible for providing accurate and truthful information for their shipping address and promises and agrees to indemnify, defend and hold NAL harmless from and against any and all claims, liabilities, and expenses (including taxes, interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or in connection with: (a) any act by or omission of Customer, their agents or employees, or allegations made by such acts or omissions, relating to or affecting the products sold to and shipped on behalf of the Customer by NAL in accordance with these Terms and Conditions; (b) any inaccuracy of any representation made by Customer in connection with the transactions contemplated by these Terms and Conditions; (c) any claims brought or asserted by any third party against Customer for any products sold by NAL to the Customer and shipped in accordance with the Customer’s instructions and per these Terms and Conditions.
At this time international shipments are very costly, but can be done to certain countries. NOTE: shipping charges for international orders are very expensive easily over $100.00 USD for a case. Customer will be liable for clearing customs and the payment of any excise, VAT, & other taxes, tariffs, duties in your country still. Contact us by email if you are interested.
Customer is responsible for all carrier fees, duties, and customs charges incurred in shipping purchases to Customer’s desired shipping address. To the extent that NAL provides estimates of shipping, duties, and customs charges, these should be considered to be estimates only. In the event there is a shortage between the amount charged to the Buyer and the actual shipping charges incurred, that added cost shall be the sole responsibility of the Seller.
Care must be taken when shipping products in adverse weather conditions. High temperatures may cause products bottles to leak or extreme cold can freeze products during shipment.
NAL offers Standard Shipping via a common carrier like UPS. It is the responsibility of the Seller to use/buy any specialized temperature control materials like insulated boxes, cold packs etc.., for the temperature protection of the Products. By initiating a shipment with Standard Shipping, Customer accepts all responsibility for that shipment through whatever weather conditions may occur during that shipment and agrees that NAL will not be responsible for, and will not replace, products that are damaged by adverse weather conditions during such shipment.
See Pick-ups (Inbound) and Local Delivery Services.
- UPS Terms of Service https://www.ups.com/us/en/help-center/legal-terms-conditions/service.page?
Seller shall ensure the value of goods transported to Customer, up to $100 per shipment (at no charge). Additional coverage is available upon request for an additional charge. Coverage is limited to the lower of the declared value or fair market value of the goods in question. Neither NAL nor Seller will not be liable for any damage caused by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government; loss or damage resulting from inadequate packaging or wear and tear, deterioration or from any other cause beyond the reasonable control of NAL. Payment to Customer for any claim shall be made only after any insurance claim has been paid or otherwise settled.
Products prices and service rates are subject to change at any time.
User should assume that everything seen or read on this website (or other NAL-owned websites), received through related services, or downloaded from NAL servers, is protected by copyright unless otherwise stated and may only be used according to these Terms. NAL does not warrant or represent that User use of materials displayed on this website will not infringe rights of third parties that are not owned by or affiliated with NAL. The use of these materials by User, or anyone else authorized by User, is prohibited unless specifically permitted by these Terms. Any unauthorized use of such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of NAL, its affiliates and others. User misuse of the Trademarks displayed on this website, or any other use of content displayed on or included as part of the website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website without the written permission of NAL or such third party that may own the Trademark.
DO we need to adhere to EU GDPR internet privacy standards???
Digital Millennium Copyright Act:
NAL respects copyright law and expects our Users to do the same. Unauthorized copying or distribution of copyrighted works may infringe the copyright holders’ rights. NAL may terminate the account of any User who NAL believes, in its sole discretion, has infringed upon the copyright or other intellectual property rights of others. For more information, please review our copyright notice. If you are a copyright owner or an agent thereof and believe that Content on the Service infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act by filling out our notification form. Your notification must include the following information (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
User agrees to release NAL from any liability for any damage, injury or loss, monetary or otherwise that User incurs as a result of either User’s or another party’s use of NAL website, services, products or third party references, except as expressly described herein. NAL expressly disclaims any liability for any damage, injury or loss, monetary or otherwise, that User incurs through reliance upon the accuracy and completeness of information provided by NAL’s website, NAL employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by NAL.
Suitability and Fitness:
User acknowledges and agrees that User has made his or her own inquiries as to the suitability and fitness of NAL for the purposes of providing the services described herein and that User has not relied on any representations made by NAL or its representatives other than those described in this Agreement.
Modification of Terms:
NAL may at any time revise these Terms by updating the same at its website(s). When NAL updates these Terms, NAL will also revise the “Last updated” date and notify User by email that the Terms have changed and what changes were made. User is bound by any such revisions and should, therefore, review changes highlighted by such notices carefully.
This Agreement is governed by and construed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of law provisions. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. If User uses this website from other locations, User is responsible for compliance with local laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
User hereby agrees that any cause of action arising out of or related to this website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement supersedes all prior or contemporaneous terms or conditions, oral or written, between User and NAL with regard to the use of this website or NAL services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed.
User hereby agrees to defend, indemnify and hold harmless NAL and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns (each a “NAL Party”) against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys’ and other professional fees and disbursements, suffered, incurred by, or asserted against any NAL Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:
- User use of NAL websites, the NAL software, or NAL services;
- Customer purchase of goods and services pursuant to this Agreement;
- Shipments or valuation or goods for shipping purposes;
- Valuation or sustained valuation of goods purchased;
- Any inaccuracy of any representation or warranty made by Seller in connection with Platform transactions;
- Any claims brought or asserted by any third party claiming title to the Auction Items sold in the Platform;
- Any use or alleged use of User accounts or passwords by any person, whether or not authorized by User;
- The content, quality or performance of content that User submits to NAL websites or the NAL software;
- User connection to NAL websites;
- User violation of this Agreement; or
- User violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity except to the extent that such liability is the direct result solely of NAL’s gross negligence or willful misconduct.
NAL reserves the right, at NAL’s own expense, to assume the exclusive defense and control of any matter for which User is obligated to indemnify anNALParty, and User agrees to cooperate with NAL’s defense of these matters at no cost to NAL.
The foregoing obligations of User are hereinafter collectively referred to as “Indemnity Obligations.” Indemnity Obligations shall survive, for a period of five (5) years, after the last product sale or termination of NAL’s services under this Agreement or User’s use of the NAL software. Customer agrees to promptly tender any payments due to any NAL Party under or in respect of the Indemnity Obligations within five (5) business days following written demand by the NAL Party.
Disclaimers/Limitation of Liability:
User use of and any browsing of NAL’s website(s), related Internet services, and the NAL software is at User’s risk. To the extent fully permitted by law, neither NAL nor any other party involved in creating, producing, or delivering the website or the NAL software is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of User access to, or use of, the website, the NAL software, or related services. The material contained in this website may contain inaccuracies and errors. NAL does not guarantee that the functional aspects of the website or the NAL software will be uninterrupted or error-free or that this website, the NAL software, or the server that provides them are free of viruses or other harmful components. The NAL software and everything on the website is provided to User “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Dispute Resolution / Waiver of Right to Litigate in Court:
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in New York, before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.
The parties hereby agree to have all disputes, claims or controversies arising out of or relating to this Agreement decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties’ rights as described in this Agreement. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.
Vendor Consumer Dispute Resolution:
Vendors and Consumers agree to handle dispute returns and conflicts with one another, NAL will not be involved
Any notice given under this Agreement or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by NAL to this website.
Privacy and Security of Personal Information:
This Agreement, together with any separate sale agreement(s) related to selling products using NAL represents the entire and integrated Agreement for services provided by NAL between the parties herein and supersedes all prior negotiations, representations or Agreements, either written or oral. Any waiver of a right or duty afforded under this Agreement shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consented to or suffered the waiver. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York. In the event that any court of competent jurisdiction determines that any provision of this Agreement is unlawful or unenforceable, each and all remaining provisions of this Agreement shall remain in full force and effect. This Agreement will bind and benefit NAL and User, and their respective heirs, executors, administrators, successors, and permitted assigns.
We would like to inform you regarding the new requirements of the regulation concerning California Proposition 65. California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, became law in November 1986. Proposition 65 requires businesses to provide warnings to Californians (and others doing business in the State of California) about significant exposures to chemicals that are known to cause cancer, birth defects or other reproductive harm. On August 31, 2016, the State of California Office of Environmental Health Hazard Assessment (OEHHA) adopted certain amendments to Article 6, Clear and Reasonable Warnings for California Proposition 65 that become effective on August 30, 2018. For more information on warnings, go to www.P65Warnings.ca.g