These terms and conditions (“Agreement”) set forth the general terms and  conditions of your use of the nathanapplegate.com website (“Website” or  “Service”) and any of its related products and services (collectively, “Services”).  This Agreement is legally binding between you (“User”, “you” or “your”) and this  Website operator (“Operator”, “we”, “us” or “our”). By accessing and using the  Website and Services, you acknowledge that you have read, understood, and  agree to be bound by the terms of this Agreement. If you are entering into this  Agreement on behalf of a business or other legal entity, you represent that you  have the authority to bind such entity to this Agreement, in which case the terms  “User”, “you” or “your” shall refer to such entity. If you do not have such authority,  or if you do not agree with the terms of this Agreement, you must not accept this  Agreement and may not access and use the Website and Services. You  acknowledge that this Agreement is a contract between you and the Operator,  even though it is electronic and is not physically signed by you, and it governs  your use of the Website and Services. 

Billing and payments 

You shall pay all fees or charges to your account in accordance with the fees,  charges, and billing terms in effect at the time a fee or charge is due and  payable. If, in our judgment, your purchase constitutes a high-risk transaction, we  will require you to provide us with a copy of your valid government-issued photo  identification, and possibly a copy of a recent bank statement for the credit or  debit card used for the purchase. We reserve the right to change products and  product pricing at any time. We also reserve the right to refuse any order you  place with us. We may, in our sole discretion, limit or cancel quantities purchased  per person, per household or per order. These restrictions may include orders  placed by or under the same customer account, the same credit card, and/or  orders that use the same billing and/or shipping address. In the event that we  make a change to or cancel an order, we may attempt to notify you by contacting  the e-mail and/or billing address/phone number provided at the time the order  was made. 

Accuracy of information 

Occasionally there may be information on the Website that contains  typographical errors, inaccuracies or omissions that may relate to availability,  promotions and offers. We reserve the right to correct any errors, inaccuracies or  omissions, and to change or update information or cancel orders if any  information on the Website or Services is inaccurate at any time without prior  notice (including after you have submitted your order). We undertake no  obligation to update, amend or clarify information on the Website including,  without limitation, pricing information, except as required by law. No specified  update or refresh date applied on the Website should be taken to indicate that all  information on the Website or Services has been modified or updated. 

Third party services 

If you decide to enable, access or use third party services, be advised that your  access and use of such other services are governed solely by the terms and  conditions of such other services, and we do not endorse, are not responsible or  liable for, and make no representations as to any aspect of such other services,  including, without limitation, their content or the manner in which they handle data  (including your data) or any interaction between you and the provider of such  other services. You irrevocably waive any claim against the Operator with respect  to such other services. The Operator is not liable for any damage or loss caused  or alleged to be caused by or in connection with your enablement, access or use  of any such other services, or your reliance on the privacy practices, data  security processes or other policies of such other services. You may be required  to register for or log into such other services on their respective platforms. By  enabling any other services, you are expressly permitting the Operator to  disclose your data as necessary to facilitate the use or enablement of such other  service. 

Links to other resources 

Although the Website and Services may link to other resources (such as  websites, mobile applications, etc.), we are not, directly or indirectly, implying any  approval, association, sponsorship, endorsement, or affiliation with any linked  resource, unless specifically stated herein. We are not responsible for examining  or evaluating, and we do not warrant the offerings of, any businesses or  individuals or the content of their resources. We do not assume any responsibility  or liability for the actions, products, services, and content of any other third  parties. You should carefully review the legal statements and other conditions of  use of any resource which you access through a link on the Website and  Services. Your linking to any other off-site resources is at your own risk. 

Prohibited uses 

In addition to other terms as set forth in the Agreement, you are prohibited from  using the Website and Services or Content: (a) for any unlawful purpose; (b) to  solicit others to perform or participate in any unlawful acts; (c) to violate any  international, federal, provincial or state regulations, rules, laws, or local  ordinances; (d) to infringe upon or violate our intellectual property rights or the  intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,  slander, disparage, intimidate, or discriminate based on gender, sexual  orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit  false or misleading information; (g) to upload or transmit viruses or any other type  of malicious code that will or may be used in any way that will affect the  functionality or operation of the Website and Services, third party products and  services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or  scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or  circumvent the security features of the Website and Services, third party products  and services, or the Internet. We reserve the right to terminate your use of the  Website and Services for violating any of the prohibited uses. 

Intellectual property rights 

“Intellectual Property Rights” means all present and future rights conferred by  statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for  passing off, rights to inventions, rights to use, and all other intellectual property  rights, in each case whether registered or unregistered and including all  applications and rights to apply for and be granted, rights to claim priority from,  such rights and all similar or equivalent rights or forms of protection and any  other results of intellectual activity which subsist or will subsist now or in the  future in any part of the world. This Agreement does not transfer to you any  intellectual property owned by the Operator or third parties, and all rights, titles,  and interests in and to such property will remain (as between the parties) solely  with the Operator. All trademarks, service marks, graphics and logos used in  connection with the Website and Services, are trademarks or registered  trademarks of the Operator or its licensors. Other trademarks, service marks,  graphics and logos used in connection with the Website and Services may be the  trademarks of other third parties. Your use of the Website and Services grants  you no right or license to reproduce or otherwise use any of the Operator or third  party trademarks. 

Disclaimer of warranty 

You agree that such Service is provided on an “as is” and “as available” basis  and that your use of the Website and Services is solely at your own risk. We  expressly disclaim all warranties of any kind, whether express or implied,  including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services  will meet your requirements, or that the Service will be uninterrupted, timely,  secure, or error-free; nor do we make any warranty as to the results that may be  obtained from the use of the Service or as to the accuracy or reliability of any  information obtained through the Service or that defects in the Service will be  corrected. You understand and agree that any material and/or data downloaded  or otherwise obtained through the use of Service is done at your own discretion  and risk and that you will be solely responsible for any damage or loss of data  that results from the download of such material and/or data. We make no  warranty regarding any goods or services purchased or obtained through the  Service or any transactions entered into through the Service unless stated  otherwise. No advice or information, whether oral or written, obtained by you from  us or through the Service shall create any warranty not expressly made herein. 

Limitation of liability 

To the fullest extent permitted by applicable law, in no event will the Operator, its  affiliates, directors, officers, employees, agents, suppliers or licensors be liable to  any person for any indirect, incidental, special, punitive, cover or consequential  damages (including, without limitation, damages for lost profits, revenue, sales,  goodwill, use of content, impact on business, business interruption, loss of  anticipated savings, loss of business opportunity) however caused, under any  theory of liability, including, without limitation, contract, tort, warranty, breach of  statutory duty, negligence or otherwise, even if the liable party has been advised  as to the possibility of such damages or could have foreseen such damages. To  the maximum extent permitted by applicable law, the aggregate liability of the  Operator and its affiliates, officers, employees, agents, suppliers and licensors  relating to the services will be limited to an amount greater of one dollar or any  amounts actually paid in cash by you to the Operator for the prior one month  period prior to the first event or occurrence giving rise to such liability. The  limitations and exclusions also apply if this remedy does not fully compensate  you for any losses or fails of its essential purpose. 

Indemnification 

You agree to indemnify and hold the Operator and its affiliates, directors, officers,  employees, agents, suppliers and licensors harmless from and against any  liabilities, losses, damages or costs, including reasonable attorneys’ fees,  incurred in connection with or arising from any third party allegations, claims,  actions, disputes, or demands asserted against any of them as a result of or  relating to your Content, your use of the Website and Services or any willful  misconduct on your part. 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall  be applicable and binding only to the extent that they do not violate any  applicable laws and are intended to be limited to the extent necessary so that  they will not render this Agreement illegal, invalid or unenforceable. If any  provision or portion of any provision of this Agreement shall be held to be illegal,  invalid or unenforceable by a court of competent jurisdiction, it is the intention of  the parties that the remaining provisions or portions thereof shall constitute their  agreement with respect to the subject matter hereof, and all such remaining  provisions or portions thereof shall remain in full force and effect. 

Dispute resolution 

The formation, interpretation, and performance of this Agreement and any  disputes arising out of it shall be governed by the substantive and procedural  laws of Missouri, United States without regard to its rules on conflicts or choice of  law and, to the extent applicable, the laws of United States. The exclusive  jurisdiction and venue for actions related to the subject matter hereof shall be the  courts located in Missouri, United States, and you hereby submit to the personal  jurisdiction of such courts. You hereby waive any right to a jury trial in any  proceeding arising out of or related to this Agreement. The United Nations  Convention on Contracts for the International Sale of Goods does not apply to  this Agreement. 

Assignment 

You may not assign, resell, sub-license or otherwise transfer or delegate any of  your rights or obligations hereunder, in whole or in part, without our prior written  consent, which consent shall be at our own sole discretion and without obligation;  any such assignment or transfer shall be null and void. We are free to assign any  of its rights or obligations hereunder, in whole or in part, to any third party as part  of the sale of all or substantially all of its assets or stock or as part of a merger. 

Changes and amendments 

We reserve the right to modify this Agreement or its terms relating to the Website  and Services at any time, effective upon posting of an updated version of this  Agreement on the Website. When we do, we will revise the updated date at the  bottom of this page. Continued use of the Website and Services after any such  changes shall constitute your consent to such changes. 

Acceptance of these terms 

You acknowledge that you have read this Agreement and agree to all its terms  and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this  Agreement, you are not authorized to access or use the Website and Services. 

Contacting us 

If you would like to contact us to understand more about this Agreement or wish  to contact us concerning any matter relating to it, you may send an email to  [email protected] 

This document was last updated on February 16, 2021