Terms of Service

Overview

This website, LUVOQA (“Website”), is owned and operated by NUBAIRE & COMPANY LLC dba LUVOQA (“NUBAIRE & CO”, “we”, “us”, and “our”). We offer this Website, including all of the information, features, tools, products, and services available from this Website to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated and incorporated here.

By visiting this Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, as well as the terms and conditions of our Privacy & Shipping Policy and Return Policy, which are hereby incorporated by reference into these Terms of Service. These Terms of Service apply to all users of this Website, including, but not limited to, users who are browsers, customers, merchants, vendors, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using this Website. By accessing or using any part of this Website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access this Website or engage in the Service. If these Terms of Service are considered an offer, then acceptance is expressly limited to these Terms of Service.

Any new information, features, tools, products, and/or services which are added to this Website shall also be subject to these Terms of Service. You may review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, modify, add to, replace, or remove any part of these Terms of Service at any time without notice. We suggest that you periodically review these Terms of Service for changes. Your use of this Website after the posting of changes to these Terms of Service constitutes acceptance of those changes.

Access to this Website is restricted to individuals who are at least eighteen (18) years old. All products on this Website are sold as novelties only.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years old, or the age of majority in your jurisdiction if such age of majority is greater than eighteen (18).

You may not use our products for any illegal or unauthorized purpose, nor may you in the use of the Service violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses, malware, or code of a destructive nature.

Any breach or violation of these Terms of Service will result in an immediate termination of your use of the Service.

 

Section 2 - General Conditions

We reserve the right to refuse service to anyone at any time.

You understand that, as is necessary to process and ship orders, we collect and store the contact information (not the credit card or payment information) provided by you during the checkout process and that this contact information may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. The payment information provided by you during the checkout process is always encrypted during transfer over networks. We do not store payment information.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any of the content on this Website through which the Service is provided without express written permission by us.

 

Section 3 - Accuracy, Completeness, and Timeliness of Information

While we always strive to provide the best, most complete information about our products, we cannot guarantee that the information made available on this Website is accurate, complete, or current, as it is sourced from other corporations or legal entities. We are thus not responsible if the information on this Website is inaccurate, incomplete, or dated.

The material contained in this Website is provided as general information only and should not be relied upon as the sole basis for making decisions. Before making a decision, we suggest that you consult primary sources of information, which may be more accurate, complete, and timely. You understand that any reliance on the material contained in this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right, at our discretion, to modify any of the contents of this Website at any time without notice, but we have no obligation to do so and assume no responsibility or liability from our doing so or omission to do so. You agree that it is your responsibility to monitor changes to this Website.

 

Section 4 - Modifications to the Service and Prices

The prices for our products are subject to change at any time without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

Section 5 - Products

Certain products may be available exclusively online through this Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

While we make every effort to display as accurately as possible the colors and images of the products that appear on this Website, we cannot guarantee that your device’s display of any color or image will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, country, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities purchased of any of the products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time without notice. Any offer for any product made on this Website is void where prohibited.

We do not warrant that the quality of any of the products purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All products on this Website are sold as novelties only.

 

Section 6 - Accuracy of Payment and Contact Information

We reserve the right to refuse any order that you place with us. We may, at 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 personal information, including contact and/or payment information. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, phone number, and/or billing address provided by you during the checkout process. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate contact and payment information for all purchases made on this Website.

For more details about the measures taken to ensure the privacy and discretion of our customers, please review our Privacy & Shipping Policy.

 

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable to you for any matter arising from or relating to your use of optional third-party tools.

Any use by you of optional tools available through this Website is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms upon which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features and/or services through this Website (including, but not limited to, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Section 8 - Third-Party Links

Certain products, services, and content available through the Service may include materials from third parties.

Third-party links on this Website may direct you to third-party websites with which we are not affiliated. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not assume responsibility or liability, for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of products, services, materials, or any other transactions made in connection with any third-party websites. Please review carefully the policies and practices of any third party and make sure that you understand them before you engage in any transaction. All complaints, claims, concerns, or questions regarding third-party products, services, and materials should be directed to the respective third party.

 

Section 9 - Feedback and Other Submissions

Should, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or any other channel (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use the Comments that you provide in any medium at any time without restriction. We shall be under no obligation: (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

You agree that your Comments will not violate any right of any third party, including, but not limited to, copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus, malware, or code of a destructive nature that could in any way affect the functionality or operation of the Service, any related website, other website, or the Internet.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments that you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.

 

Section 10 - Personal Information

All contact and payment information entered by you during the checkout process is completely secure. This Website is PCI compliant and SSL enabled.

The submission of your personal information (including contact and payment information) through this Website is governed by our Privacy & Shipping Policy.

 

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on this Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any of the information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).

We reserve the right, but are under no obligation, except as required by law, to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all of the information in the Service or on any related website has been modified or updated.

 

Section 12 - Prohibited Uses

In addition to the other prohibitions set forth in these Terms of Service, you are prohibited from using this Website or its 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 any computer virus, malware, or code of a destructive nature that could be used in any way to affect the functionality or operation of the Service or of any related website, other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other website, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

 

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all of the products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NUBAIRE & CO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. 

Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless NUBAIRE & CO and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or the terms and conditions they incorporate by reference, or your violation of any law or the rights of a third party.

 

Section 15 - Severability 

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service, or when you cease using this Website.

Should, in our sole judgment, you fail, or we suspect that you have failed, to comply with any of the terms or conditions of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).

 

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website, or in respect to the Service, constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you with the Service shall be governed by and construed in accordance with the laws of New York State in the United States of America.

 

Section 19 - Changes to Terms of Service

You may review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, modify, add to, replace, or remove any part of these Terms of Service at any time without notice. We suggest that you periodically review these Terms of Service for changes. Your use of this Website after the posting of changes to these Terms of Service constitutes acceptance of those changes.

 

Section 20 - Contact Information

Questions about these Terms of Service may be directed to legal@luvoqa.com.