Terms and Conditions

Last Modified: AUGUST 15, 2020

THESE TERMS OF SERVICE (the “Terms of Service” or this “Agreement”), together with any documents it expressly incorporates, governs the interaction and relationship between you (“you”, “your”, “ User”) and company NH harbor com, s.r.o., with registered office at Pechackova 1244/7, Prague 5, 150 00, Czech Republic, in: 10763945, registered at Municipal Court in Prague, section C, insert 302603  (www.naughtyharbor.com) (“NH ”, “Company”, “we”, “ us” or “our”) and your use of the www.naughtyharbor.com website (the “Website”) provided by NH, together with any associated services, functionality, features or content, (cooperatively, the “Services”). If you are entering into this Terms of Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its Affiliates to the terms and conditions enclosed in this Terms of Services, in which case the terms “you” or “ your” shall refer to such entity and its Affiliates. The NH Privacy Policy is precisely incorporated herein by reference, and can be found HERE

*IMPORTANT: PLEASE READ CAREFULLY *

BY CLICKING AN “I AGREE” BUTTON, WHENEVER PRESENTED, TO AGREE TO THESE TERMS OF SERVICE, OR BY ACCESSING, SIGNING UP, OR USING THE SERVICES AND/OR WEBSITE, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUNDED BY THE TERMS AND CONDITIONS SET FORTH HEREIN;  

 

III. WARRANT AND REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE; 

 

• IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, AUTHORITY AND POWER TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY, ORGANIZATION OR LEGAL ENTITY AND BIND IT TO THE TERMS SET FORTH HEREIN; AND

 

• TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT OFFENDED BY YOU OR ANY PERSON OR ENTITY IN YOUR SERVICE OR UNDER YOUR CONTROL. 

THIS AGREEMENT CONTAINS DISCLAIMERS OF LIMITATIONS AND WARRANTIES OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF THE AGREEMENT. 

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK ANY “I AGREE” BUTTON TO AGREE TO THIS AGREEMENT, OR SIGN UP, ACCESS OR USE THE WEBSITE AND/OR SERVICES. 

TERMS OF SERVICES CHANGES

We reserve the exclusive right to make changes to these Terms of Services from time to time. Your continued access to and use of the Website and any associated services creates your agreement to be bound by, and your acceptance of, the Agreement posted at such time. You agree that you accept this Agreement (and any amendments thereto) each time you sign into your account and visit the Website. Therefore, we encourage you to review this Agreement regularly.

• To Use the Website You Must Be At Least 18 Years Old

The Website is available and offered only to people who are at least 18 years old.. We make no active steps for collecting personal information from individuals younger than 18. By using the Website, you warrant and represent  that you are either at least 18 years of age and are competent to contract in your own name; or represent and are authorized by an organization.. If you do not meet these requirements, you must not use and access the Website.

• Description of Services

 

• We provide Services via the Website to assist Users (“ Buyers”) seeking to purchase sex dolls and related products (collectively, the “Products”).
• The Website operates as a neutral site allowing other Users who are distributors, manufacturers, and/or direct sellers (collectively, the “ Sellers”) of Products to advertise and offer their Products for purchase to Buyers via the Website’s interface.
• The Website further allows Buyers to analyze, search or shop for, customize, order, and buy the Products offered by the Sellers. Buyers may, but need not, make accounts and purchase Products from the Sellers via the website.
• While Sales transactions may be effectuated directly through the NH Website, NH merely advertises and promotes Products for sale, serves as a contact point between Buyers and Sellers, facilitates the exchange of information between Buyers and Sellers, assist Buyers in facilitating payments and transmitting money to Sellers, and assisting Buyers and Sellers with logistical matters. Unless otherwise stated, NH does not own,  manage or keep in inventory, any Products listed on the Website, nor is NH ever a party to any contract between Seller and Buyer for the purchase or sale  of any Products listed on the Website. NH serves only as a platform for the purpose of facilitating and coordinating shipments, payments, and communication between Sellers and Buyers. 
• While NH works closely with Sellers and takes steps to authenticate
• their legitimacy, NH is not a party to the transaction(s) between Sellers and Buyers. As such, NH has no control over:
• The  safety, quality, or legality of the Products posted on the Website;
• The truth or accuracy of Products feature or details that are provided by the Seller;

iii. The origin or authenticity of any Products offered or advertised on the Website;

• The regulatory or legal compliance of any sale of Products;
• The ability of Sellers to sell Products;
• The method, form, delivery of shipped Products;

vii. The use, defects or misuse of Products; or

viii. The acts or omissions of Sellers.

• Accessing the Website and Account Security

 

• NH reserves the right to, at any time and without notice:

 

• Discontinue transmitting any parts of the content related to the Website;

 

• Modify the Website and any Products or material provided on it;

 

iii. Change, discontinue, or limit access to the Website;

 

• Change or Discontinue any Services (or any part thereof); and

 

• Suspend or terminate your use or access to the Website, or your account, in our sole discretion.

 

• NH will not be liable if all or any part of the Website is unavailable at any time or for any period for any reason.

 

• The User is responsible for:

 

• Making all arrangements necessary to have access to the Website; and

 

• Ensuring that all persons  accessing the Website through the User’s Internet connection are aware of these Terms of Service and obey with them.

 

• If you choose to create an account to access certain areas of the Website or certain resources provided, you may be asked to provide specific registration details or other information (“ Account Information”), including but not limited to contact, shipping, billing, and Product purchase information. We require that all Account Information is correct, complete and current. You agree to update your Account Information in the event of any changes related to contact information. We may deliver notices at your email address provided in your Account Information, and such notices shall be considered delivered when sent. You agree that all information you provide on the Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

 

• If you choose,or are provided with, a user name, password, or any other piece of information as part of NH’s security procedures, you must consider such information as confidential and you must not disclose it to any other person or entity. You also agree that your account is personal to you (or, in the case of an entity, to a single authorized representative of the entity) and agree not to provide any other person with access to the Website, or to parts of the Website, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other security breach. You also agree to ensure that you log out from your account at the end of each session. You should use special caution when accessing your account from a public or shared computer so that others can not view or record your password or other personal information.

 

• NH has the right to cancel any user name, password, or other identifier, whether chosen by User or provided by NH, at any time, in our sole discretion for any reason, including if, in our opinion, you have infringe any arrangement of these Terms of Service.

 

• NH further reserves the right to refuse Services to anyone for any reason and at any time.

 

• Intellectual Property Rights

 

• The Website and all content, functionality and features (including but not limited to all information, text, displays, images, audio and video, software, and the design, selection and arrangement thereof), are owned by NH, its licensors or other providers of such material and are protected by copyright, trademark, trade secret, patent, and other intellectual property or proprietary rights laws.

 

• The Naughty Harbor name, the Naughty Harbor logo, and all related names, logos, product and service names, slogans and designs are trademarks of NH or its affiliates. You must not use such marks without our prior written agreement. All other names, logos, product and service names, slogans and designs on the Website are the trademarks of their respective owners.

 

• Certain content, including descriptions, information,videos, images, designs, company names, brand names, product names, and marks are owned by Sellers or their respective licensors. You must not use such materials without our prior written agreement from the Sellers.

 

• Nothing on the Website shall be interpreted as granting any license to use any  trademark, image, logo, or service mark contained therein. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not  distribute, reproduce,modify, create derivative works of, publicly display, publicly perform, download,  republish,store or transmit any of the materials on the Website, except as follows:

 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

 

• You may store files that are automatically cached by your Internet browser for display improvement purposes; and

 

iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further  publication, reproduction, or distribution.

 

• Users are not permitted to:

 

• Modify copies of any materials from this site; or

 

• Delete or adjust any trademark, copyright, or other proprietary rights notices from copies of materials from this site.

 

• You must not access or use any part of the Website for any commercial purposes. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]

 

• If you print, modify, copy, download or otherwise use or provide any other person with access to any restricted part of the Website iincompatibly of the Terms of Service, your right to use the Website will stop immediately and you must, at NH’s option, destroy or return any copies of the materials you have made. No right,  interest  or title in or to the Website, or any content on the Website, is transferred to you, and NH reserves all rights not expressly granted here. Any use of the Website not expressly authorized by these Terms of Service is a breach of these Terms of Service and may infringe trademark, copyright, and other laws.

 

• Trademark Infringement Claims

If you believe in good faith that materials available on the Website violate your trademark rights, you or your agent may send NH a notice to request removing the material from the Website or block access to it. All trademark-related notices should be sent to:

By Email: 

[email protected]

• Prohibited Uses

 

• You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

 

• In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data, software, or goods);

 

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

 

iii. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the permitted use set forth in these Terms of Service;

 

• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

 

• To impersonate or attempt to impersonate NH, a NH employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or

 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by NH, may harm NH or users of the Website or expose them to liability.

 

• Additionally, you agree not to:

 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;

 

• Use any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

 

iii. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

 

• Use any device, software or routine that interferes with the proper working of the Website;

 

• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;

 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

 

vii. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

 

viii. Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; or

 

Otherwise attempt to interfere with the proper working of the Website .

• Pricing; Dependence on Information Posted

 

• Pricing for each Product available on the Website is displayed together with the Product. NH expressly reserves the right to add or remove Products or change prices for any Product at any time and without notice. NH DISCLAIMS ALL LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY CHANGES TO PRODUCT AVAILABILITY OR PRICING.

 

• The information presented on or through the Website is made available exclusively for general information purposes. Product information content on the Website is provided by the Seller offering the Product,and is not a representation provided by NH. NH does not warrant the completeness, accuracy, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. NH DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY USER OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

 

• All statements and/or opinions expressed in these materials, and articles, all testimonials, and responses to questions and other content, other than the content provided by NH, are exclusively the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NH. Accordingly, we are not liable or responsible to you or any third party for the content or accuracy of any materials provided by any third parties.

 

• We may update the content on the Website from time to time, but its content is not necessarily always up-to-date or complete. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

• We make united efforts to make sure that all images of Products made available through the Website are accurate. We, however, cannot guarantee that your computer monitor’s display of any color will be authentic. Furthermore, we cannot guarantee all that images of all Products posted or provided by their respective Sellers will be authentic.

 

• Information About you and your Visits to the Website

All information collected by NH on the Website is subject to the Privacy Policy. By using the Website, you agree to all actions taken by NH with respect to your information in compliance with the Privacy Policy.

• Disputes Between Buyers and Sellers

 Any disputes arising between NH and the Buyer may be settled out of court.

The competent authority for the out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, web: http://www.coi.cz.

 

11. Purchases, Exchanges, Cancellations, Returns, and Additional Terms

 

1. In purchasing any Products from Sellers via the Website, Buyers agree to comply with the following:

 

1. As a Buyer, you have exclusive and sole responsibility overall aspects of due diligence relative to a purchase of any Products, including any Seller terms, and Seller-specific details and descriptions.
2. As a Buyer, you agree and acknowledge that you are acting on your own behalf,and that NH is not a party to any subsequent purchase/sale/re-sale contract for the Products;

iii. As a Buyer, you further agree and  acknowledge that NH does not represent you or Seller at any stage of your order for Products with the Seller;

1. You agree and acknowledge that you are acting on your own behalf,and that NH is not a party to any subsequent purchase/sale/re-sale contract for the Products.

 

1. Products that are offered for sale via the Website are made-to-order for each Buyer by the individual Sellers. Accordingly, the following applies to refunds and returns for any Products purchased by a Buyer:

 

1. Orders for Products may be cancelled by the Buyer within twenty-four (24) hours from the time of purchase (“ 24 Hour Cancellation Period”) for a refund of funds paid to the Buyer’s original payment method (except processing and transaction fees). NH must receive the cancellation request within the 24 Hour Cancellation Period - no exceptions can be made. The following terms apply after the 24 Hour Cancellation Period:
1. Dolls is a custom product that is created exclusively for Buyer. After the 24 hour period, an order will be processed and cannot be cancelled for any reason.
2. NH will confirm order details via email with Buyer, if Buyer confirms the order details as correct, starting from that moment the order cannot be returned or cancelled for any reason. If Buyers want to edit, modify or upgrade the order he has to reach out NH asap in order to request the changes and to check if the changes are possible.
3. If for exceptional reasons the cancellation is accepted by Seller after the 24 Hours Cancellation Period. The cancellation will be subject to a Seller’s restocking fee (“ Restocking Fee”) of twenty percent (20.0%) from the Product order value. NH will provide to Buyer a refund of funds paid minus the Restocking Fee to the Buyer’s original payment method and other fees may apply such as transaction and processing fees.
4. Other fees may apply such as transaction and processing fees when refunding or returning funds. Depending on the used payment method.
2. In case the Product is marked as “custom made", NH will send the Buyer at the same time as accepting the order photographs of ordered Product from production. The Buyer is obliged to approve the appearance of the Product within 3 days, or state how the Product differs from his order. In the event that Buyer does not approve the Product within specified period nor state how the Product differs from the original order, it shall be considered that Buyer has approved the appearance of the Product. The Buyer acknowledge that after the approval of the Product, it is no longer possible to make any modifications to the Product and it is not possible to withdraw from the purchase agreement.

 

Except for cases referred to in article above or cases where withdrawal from the purchase agreement od products is not possible (1837 of the Act No. 89/2012 Coll. Civil code e.g. delivery of goods adjusted as per the requirements/for the needs of the Buyer; delivery of fast moving consumer goods or goods irreversibly mixed with other goods after delivery; delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons), the Buyer is entitled, in accordance with the provision of Section 1829(1) of the Act No. 89/2012 Coll. Civil code, to withdraw from the purchase agreement within fourteen (14) days after acceptance of goods; in the event the subject matter of the purchase agreement is several types of goods or the delivery of several parts, this period shall commence on the date of the last goods delivery acceptance. The notice on withdrawal from the purchase agreement shall be sent to the Seller before the deadline specified in the previous clause. In the event of withdrawal from the purchase agreement under this article, the purchase agreement shall become null and void. The goods shall be returned to the Seller within fourteen (14) days after the agreement withdrawal. If the Buyer withdraws from the purchase agreement, the Buyer shall bear any costs related to returning the goods to the Seller. The product has to be returned clean, undamaged and unused, in order for the money to be refunded to the customer.

iii. THE SALE IS FINAL, after a Product is shipped to Buyer, and it cannot be cancelled or returned for any reason, except due to a defect in accordance Section 11.

 

1. If you receive a Product that is damaged or with features or components that are missing, you must notify NH of the damage or missing component/feature within three (3) calendar days of the delivery. NH and the Seller may request additional information from you, including descriptions and pictures of the damage and/or missing items to evaluate the claim, and you agree to provide the requested documents.Upon review, the Seller shall have the exclusive and sole right to accept or decline the claim for damage or missing features/components. The Buyer is obliged to check immediately upon receipt whether the Product is intact and to document any deficiencies with a photo or video. In the event of breach of the packaging of the consignment, the Buyer is obliged to resolve this issue with the carrier and shall also document such deficiencies with photo or video. If the Seller accepts your claim, it shall have the right, at its sole option, to provide either: i) the missing features or parts; ii) a repair to the Product; iii) a replacement of the Product; or iv) a money refund actually paid by you for the Product.

 

1. If you receive a Product with a manufacturing defect, you must notify NH within three (3) calendar days of the delivery. In the case of a latent defect of a Product, you must notify NH within three (3) calendar days of your initial discovery. Replacement or repair of any defective product shall be in accordance with the warranties and policies of the Seller responsible for the Product. The Buyer acknowledge that the defect of the Product is not a change in the colors of the Product or gradually changing colors of the Product. The Products or some parts of it may be subject to changes in the color over time, due to use or due to external factors (e.g. sunlight, liquids, etc.). Likewise it is not a defect of the Product if the color of the Product is not fundamentally different from the color of the Product presented on the Website. The Buyer acknowledges that all photographs of the Products on the Website are for illustrative purposes only.

 

1. The Buyer is exclusively and solely responsible for all taxes, fees and duties, that may be levied upon any Product at the time of delivery by the government of the destination country,state,  province, region or territory to where the Product is shipped. NH and the Seller may request additional information from you, including descriptions and pictures of the defect to evaluate the claim, and you agree to provide the requested materials. Upon review, the Seller shall have the sole and exclusive right to accept or decline the defect claim. If the Seller accepts your claim, it shall have the right, at its sole option, to provide either: ii) a repair to the Product; iii) a replacement of the Product;or iv) money refund actually paid by you for the Product.

 

1. For all Product repairs or replacements that did not result from a manufacturing defect, Buyer shall be responsible for all shipping costs.

 

1. If the Seller agrees to accept a return of any Product for any reason, NH shall not be responsible for any shipping costs associated with such return of Product. Unless the Seller specifically agrees to pay for shipping costs of a returned Product, the Buyer shall be solely responsible for such cost of return.
2. Each Seller and Product may have its own, additional policies and rules for order cancellations, Products exchange, Products return and for Products refunds that are different from the other Products offered via the Website. Any additional or differing terms shall be displayed with the Product description. As a Buyer, you agree to comply with the specific terms set forth by a Seller in connection with its any Products it sold.
3. As a Buyer, you agree and acknowledge that NH reserves the right to reject any order that you make via the Website (or to transmit any order to the respective Seller) for any reason. If we reject or cancel an order that you have placed via the Website, we will attempt to notify you by contacting you via the information provided in your Account or information provided at the time your order was made.

 

• Geographic Restrictions

 

NH owns the Website and is based in Czech republic. If the relationship established by the purchase agreement includes an international (foreign) element, the Seller and Buyer stipulate that such relationship shall be governed by Czech law. This is without prejudice to any consumer rights resulting from the generally binding laws and regulations. Access to the Website may not be legal by certain persons or in certain countries. NH reserves the restrictive right to limit the countries from which Buyers can purchase the Products through the Website. Each Seller has the right to refuse any orders from any Buyer.

• Disclaimer of Warranties

 

• User understands that NH cannot and does not warrant or guarantee that content AVAILABLE from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection.
• NH DISCLAIMS ANY WARRANTIES, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT,  DATA, COMPUTER PROGRAMS, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
• USING OF THE WEBSITE, THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS RECEIVED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THE CONTENT THEREIN, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, NEITHER NH NOR ANY PERSON ASSOCIATED WITH NH MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER IMPLIED OR EXPRESS, WITH RESPECT TO THE COMPLETENESS, RELIABILITY, SECURITY, QUALITY, ACCURACY, OR ACCESSABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NH NOR ANYONE ASSOCIATED WITH NH REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE RELIABLE, ACCURATE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR  EXPECTATIONS OR NEEDS.
• NH DOES NOT MANUFACTURE,DESIGN, ASSEMBLE, STORE, REPAIR OR SHIP ANY PRODUCTS WHATSOEVER. ACCORDINGLY, NH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AUTHENTICITY OR CONDITION, OF ANY PRODUCTS OFFERED, PURCHASED, SOLD OR OTHERWISE WITH RESPECT TO THE PRODUCTS ACQUIRED THROUGH THE WEBSITE, OR INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PATENT AND TRADEMARK RIGHTS, OF ANY THIRD PARTY WITH RESPECT TO THE PRODUCTS, WHETHER RELATING TO VIOLATION OR OTHERWISE).
• Limitation of Liability

 

• IN NO EVENT WILL NH, ITS AFFILIATES, LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, SUFFERING AND PAIN, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BREACH OF PRIVACY, UNAUTHORIZED ACCESS TO YOUR DATA OR INFORMATION BY THIRD PARTIES, OR OTHER INTANGIBLE LOSSES (EVEN IF NH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, WITHOUT LIMITATION:
• YOUR USE, OR INABILITY TO USE, THE WEBSITE;
• YOUR USE, OR INABILITY TO USE, ANY THIRD PARTY TOOLS;

iii. ANY WEBSITES LINKED TO THE WEBSITE;

• ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES;
• ACTIONS,OMISSIONS OR  ERRORS OF ANY BUYER, SELLER, OR ANY THIRD PARTY;
• INTENTIONAL OR MALICIOUS ACTS OF ANY USER,  SELLER,  BUYER, OR THIRD PARTY;

vii. ACTIONS, OMISSIONS, OR FAILURES TO ACT BY ANY GOVERNMENT ACTORS, AGENTS OF ANY GOVERNMENT, OR THIRD PARTIES ACTING ON BEHALF OR AT THE DIRECTION OR UNDER THE AUTHORITY OF ANY GOVERNMENT;

viii. STATEMENTS, CONDUCT, OR ACTIONS OF ANY USER OR THIRD PARTY;

• YOUR USE, INCORRECT USE OR MISUSE OF THE PRODUCTS, OR YOUR INCOMPETENCE TO USE THE PRODUCTS;
• ANY DELAY IN SHIPPING OR RECEIVING PRODUCTS THAT YOU PURCHASED THROUGH THE WEBSITE;
• ANY DELAY IN COMPLETING A TRANSACTION TO SELL OR BUY PRODUCTS;

xii. FAILURE OF ANY PRODUCTS YOU PURCHASED TO COMPLY WITH YOUR SPECIFIC REQUIREMENTS OR PURPOSE;

xiii. FAILURE OF ANY PRODUCTS YOU PURCHASED TO COMPLY WITH SPECIFICATIONS OR DESCRIPTIONS LISTED BY SELLERS OR THIRD PARTIES;

xiv. ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE;

• YOUR AQUISITION OF SUBSTITUTE PRODUCTS;

xvi. NH’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;

xvii. ASSURANCE ON ANY ACTUAL OR PERCEIVED GUIDANCE PROVIDED BY NH OR NH’S AGENTS REGARDING PURCHASE, USE, SALE OF ANY PRODUCT OR ANY OTHER WEBSITE-BASED GUIDANCE;

xviii. YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION RELATED TO WEBSITE OR SERVICES;

xix. YOUR FAILURE TO SEND INFORMATION, NOTIFICATIONS OR REQUESTS TO THE CORRECT PARTIES;

• THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING SUPPLIERS, THAT ARE BEYOND OUR OBJECTIVE CONTROL;

xxi. ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY SERVICE OR PRODUCT ADVERTISED THROUGH THE WEBSITE;

xxii. THE TERMINATION OR  SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE;

xxiii. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE WEBSITE; OR

xxiv. YOUR USE OF THE WEBSITE OR SERVICES IN A WAY THAT IS UNLAWFUL.

• THE WEBSITE AND ALL SERVICES OFFERED BY NH AND PRODUCTS AVAILABLE FOR PURCHASE VIA THE WEBSITE ARE LAWFUL IN THE UNITED STATES. NH DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM YOUR USE ACCESS OF THE WEBSITE, USE OF THE SERVICES, OR PURCHASE OF PRODUCTS, IN OR FROM A COUNTRY OR JURISDICTION (INCLUDING WHERE THEY ARE UNLAWFUL).
• THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE  LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
• IN NO EVENT SHALL NH’S LIABILITY WITH RESPECT TO ANY MATTER OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS ARRANGEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE AMOUNT PAID BY YOU TO NH HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
• YOU AGREE TO WAIVE AND HOLD HARMLESS NH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY OMISSIONS OR ACTIONS OF THE FOREGOING PARTIES RELATING TO INVESTIGATIONS OR ACTS UNDERTAKEN BY LAW ENFORCEMENT AUTHORITIES.
• YOU AGREE AND ACKNOWLEDGE THAT YOUR EXCLUSIVE ADJUSTMENT UNDER THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT, WHICH WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT, AND CESSATION OF YOUR USE OF THE WEBSITE AND SERVICES. ANY AND ALL MONETARY AWARDS TO YOU SHALL BE LIMITED BY SECTION 14(C)HEREIN.
• Third Party Tools

We may provide you with access to tools, resources, content, applications, or links to other websites that are provided by third parties (collectively, the “Third Party Tools”). All Third Party Tools are provided for your convenience only. We have no control over any Third Party Tools, and accept no responsibility for them or for any damage or loss that may arise from your use of them. If you decide to use or access any Third Party Tools, you do so absolutely at your own risk and subject to the terms and conditions of use for such Third Party Tools.

• Indemnification

You agree to defend, indemnify and hold harmless NH, its affiliates, service providers and licensors and its and their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any claims,damages,  liabilities,  judgments, losses, awards, costs, expenses, or fees (including without limitation expert and lawyer' fees) directly or indirectly arising out of, or relating to, your violation of these Terms of Service and your use of the Website, including, but not limited to, your User Contributions; any use of the Website’ services, content and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

• Waiver

No waiver by NH of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NH to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

• Severability

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

• Entire Agreement

These Terms of Service constitute the sole and entire agreement between User and NH with respect to the Website and supersede all prior and contemporaneous understandings, representations,agreements, and warranties, both written and oral, with respect to the Website.

• Headings

The headings in these Terms of Service are for reference only and do not affect the interpretation of these Terms of Service.

• Relationship of the Parties

NH is at all times a neutral venue operator that helps enable the transactions and interactions between Sellers and Buyers. NH does not sell, buy, offers to sell, or endorses any Products. NH further does not represent any Buyer or Seller in any transaction or interaction.

• Comments and Concerns

All comments, feedback, requests for technical support and other communications relating to the Website should be directed to: [email protected]