SITE UNDER CONSTRUCTION
Terms of Service
ALL SERVICES ARE GOVERNED BY TERMS AND CONDITIONS HEREIN, AND APPLY IN GOVERNANCE OR CONSISTENT WITH THOSE TERMS IN APPLICABLE POLICIES (E.G. PRIVACY POLICY OR REFUND POLICY) AND SCHEDULE(S) OR FUTURE SCHEDULE FOR THE SERVICES OFFERED FOR PURCHASE OR PURCHASED.
This Website, which incorporates several linked and/or affiliated sites, otherwise collectively referred to as “Website(s)”, or “Site”, or “Site(s)” is operated by Nozzbe LLC. When used herein, the terms “Nozzbe”, “nozzbe.com”, “we”, “us” and “our” refers to Nozzbe LLC and/or our parent company. Nozzbe shall use the term “Associate” to include, without limitations, employers, officers, fulltime or temporary representatives, directors, employees, interns, affiliates, agents, subsidiaries, partners, clients, assigns, novate parties, licensors, contractors, sub-contractors, suppliers, volunteers, service providers and any current or future shareholders or gift recipients. The terms “you”, “your”, “User” or “customer” shall refer to any person, corporate entity or organization or those who represent your uses of our Site and Services, and as user or representative, by virtue of their use, acknowledges and agrees, also considered consents, to all the terms of this Agreement, and/or has access to your account or uses our Services. Nothing under this Agreement confers third-party rights or benefits.
You agree to be wholly bound by these Terms and Conditions of Service ( “Universal Terms of Service”, “Terms of Service”, “Terms & Conditions”, “Terms”, Agreement) including references to all policies and/or schedules referenced, as incorporated herein, and further agree that you shall not claim any right to challenge such terms or to circumvent the expressed intent of the Agreement terms in any contracts and/or transactions. You shall be deemed to be bound by these terms upon your review, as expected by your duty, if you have engaged in any Nozzbe transaction, whether or not you engaged in any transaction(s) prior to or after review. You have the right to terminate this agreement upon review at any time, within the termination conditions set forth herein.
Nozzbe offers this Site, including all products, information, tools and services available from the site to you, the user, conditioned on your acceptance of all the terms, conditions, policies and notices mentioned herein.
By using our Site and/ or purchasing something from us, you contract with us regarding our “Service”, otherwise referred to as “Service(s)”, which includes all product related activities. You consent to be governed by the following Terms of Service, which includes any and all additional terms and conditions and policies mentioned herein and/or available by means of site links to other governing, related agreements. The Terms of Service are addressed to all users of the site, including without limitation users who are browsers, customers, vendors and/or merchants.
Please consider these Terms of Service carefully before making a purchase of a domain name or other product(s) and service(s). By using our Site and Services to make a purchase of our domain name(s) or other product(s) and service(s), you agree to be governed by these Terms of Service.
If you do not fully agree with all the stated terms and conditions of this agreement, you are not allowed to purchase domain name(s), product(s) or service(s). If these Terms of Service are considered an offer for specified product(s) and service(s), acceptance of the offer is expressly based on stipulations and statements as defined in the Terms of Service.
Nozzbe may, in its sole and absolute discretion, alter the language, change the details, or modify the substance of this Agreement, and any related policies or agreements which are detailed in the Agreement, at any time, and such alterations, changes or modifications is effective immediately when posted to the Site. Any added or altered Site features or tools on the Site shall also be subject to the Terms of Service. You agree to review this Agreement during each visit to the Site or immediately prior to any transaction, or, notwithstanding failure to review this agreement during each visit or immediately prior to any transaction, fully consent to be bound by the changes or modifications. Your use of this Site or the Services after such alterations, changes or modifications have been made shall be regarded as your acceptance of this Agreement as last revised. If you object to being bound by this Agreement or its revisions do not use (or continue to use) this Site or the Services.
Nozzbe may, in its sole and absolute discretion, choose to discuss and/or negotiate alterations, changes or modifications of this Agreement with specific users, based on national or international reputations and certain conditions, which shall represent separate terms, which we, in our sole and absolute discretion, may consider to be wholly or partially governed or not governed by these terms.
Nozzbe may choose to notify you of alterations, changes or modifications to this Agreement by e-mail or United States postal mail. It is therefore very important that your account and/or transaction information remains current and accurate or be updated to a current and accurate status. Nozzbe assumes no liability or responsibility for your failure to be contacted by e-mail notification, if such failure occurs because of an inaccurate or outdated e-mail address. In addition, Nozzbe may terminate or restrict your access to this Site or Services for any violation or breach of any of the terms of this Agreement by you. We reserve the right to alter, change or modify or discontinue products and/or services or any element of this Site or Service, including without limitation all offers (or any part or content thereof), prices and fees for said offers and/or products and/or services without notification at any time. You consent to be bound by alterations, changes and modifications of the Site and Services which are made with or without notification and you agree to review the Agreement for such changes before transactions.
Our Services may be hosted on several third-party platforms. Third-party hosting platforms may provide us with the online e-commerce facilities that allows us to sell our products and services to you. We do not have any policy setting relationship with such third-party platforms. You agree to abide by the terms and policies of third-party platforms which host our offers (e.g. domain name(s), product(s), service(s)), provided such compliance does not constitute a breach of this Agreement, as set forth herein.
The Terms of Service details are further set out in Terms of Service sections below.
SECTION 1 – ELIGIBILITY & ABILITY TO REPRESENT
This Site and the Services are only offered to eligible individuals (“Users”) who can enter into legally binding contracts under applicable law. By using our Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) legally capable of forming binding contracts under applicable laws (iii) possess the authority to engage as party to this Agreement or as a representative to a party to this Agreement. (iv) not legally barred from purchasing or receiving the Sites offered Products or Services, based on the laws of the United States or other applicable jurisdiction as determined by your location of residence and/or business.
By purchasing Nozzbe’s products and/or service(s), you agree to establish an account and/or transaction record with us for such products and/or services, if required. When you use your account or engage in a transaction or allow, by consent or negligence, someone else to use your account and./or engage in a transaction to make purchases or otherwise engage with Nozzbe to access others service(s) or to make any changes to your account regarding Services or cancel your Nozzbe account or Service(s) (even if Nozzbe was not made aware of such authorized or unauthorized engagement) this Agreement, or subsequent amendments covers any such service or actions. You agree that each individual associated with your account for any product(s) or service(s) provided to you is your representative, with full authority to act on your behalf with respect to such transactions, in accordance with the permissions granted, and that your representative(s) or agent(s), whether as allowed or by negligence, has the authority, without limitation, to purchase, transfer, (where transfer is permitted by the Agreement), modify, or terminate such services or your account information, or purchase additional product(s) or service(s).
Any acceptance of your application(s) or requests for our services and the performance of our services will occur as authorized by our officers, with offices in Duval, Florida, the location of our principal places of business. Except as otherwise explicitly stated in this Agreement, you agree that if you list, directly, inadvertently or by default, Nozzbe as a contact, representative or agent for your account and/or any of the services in your account, we maintain the right, without notice to you, to remove our name and/or information related to us from any such agreement, account or service and to leave such requirements vacant, or replace the same with your name, and/or the name of your company and/or related information related to you for any contacts associated with that account or service.
You agree to: (1) provide true, certain, current, complete and accurate information about you as required by the account application or transaction process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it certain, current, complete and accurate. We may rely on this information to send you important information, including notices regarding your account and our services.
You agree that Nozzbe (itself or through its third-party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that Nozzbe may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.
You agree that Nozzbe, in our sole and absolute discretion, may alter, change or modify our Privacy Policy. We will post revised policy statement(s) on our Website and any such statement(s) will be effective upon posting. You agree to review our Terms of Service and Private Policy as set forth in the Agreement, particularly when considering or deciding to engage in transactions during Site visits. You agree that, by using our Site and Services after such alterations, changes or modifications to the Terms of Service or Privacy Policy are posted, you have agreed to these modifications. You agree that if you do not consent to such alterations, changes or modifications, you will terminate this Agreement. We will not refund any payments or fees paid by you if you terminate your Agreement with us except as expressly stated in one or more of the affiliated statements, policies or schedules.
You represent and warrant that you have secured the consent of any represented third-party whose personal data you supply to us to engage in our services with regard to: (i) the purposes for which the third-party's personal data has been provided, (ii) Nozzbe’ Site as the intended recipient or expressly included in the intended categories of recipients of the third-party's personal data, without limitations (iii) which aspects of the third-party's information will be obligatory and which aspects, if any, are considered voluntary; and (iv) the manner in which you and/or the third-party can access the Site and Services, and if necessary, correct the information in our records. You further agree to provide such consent to us, in writing, on request and secure such consent with regard to represented third-party personal data you supply in the future. We are not responsible for any consequences resulting from failure to provide notice to such individuals and/or obtain consent from such individuals nor for your providing outdated, incomplete or inaccurate information in any past, present or future transactions.
If you agree to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have obtained legal authorization to bind said entity to the terms and conditions of service in this Agreement, in which case the terms "you", "your", "user" or "customer" refers to said corporate entity. If, after your acceptance of this Agreement, Nozzbe determines that you do not have legal authorization to bind said corporate entity, you will be personally liable for all obligations in this Agreement, including, but not limited to, payment obligations. Nozzbe shall not be liable for any assessed losses or damage(s), as stated in any claims, resulting from Nozzbe’s reliance on any direction(s), instruction(s), statement(s), notice(s), document(s) or any communication(s) in writing or in verbal conveyance, which Nozzbe reasonably believed to be genuine, authorized representations on behalf of said corporate entity. If there appears to be reasonable doubt about the authenticity of any direction(s), instruction(s), statement(s), notice(s), document(s) or any communication, Nozzbe reserves and maintains the right (but undertakes no duty) to require additional authentication information from you. You further agree to be bound by the terms of this Agreement for any and/or all transactions entered into by you, and/or by someone authorized to act on your behalf, and/or anyone who by means of your negligence uses your account to enter into contract for our Services, whether or not any specific action(s) was authorized by you.
EXCLUSIVE REMEDY: TIME LIMITATION ON FILING OF CLAIM. YOU AGREE THAT OUR FULL LIABILITY, AND YOUR ONLY REMEDY, IN LAW, OR EQUITY, OR OTHERWISE, REGARDING ANY NOZZBE SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY CLAIM OF BREACH OF THE TERMS OF SERVICE OF THE AGREEMENT IS ENTIRELY RESTRICTED TO YOUR PAYMENT FOR SUCH SERVICE(S) DURING THE TERM OF THE AGREEMENT OR $10,000.00, WHICHEVER IS LESS. FURTHERMORE, IN NO CIRCUMSTANCE SHALL NOZZBE, OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, REPRESENTATIVES OR VOLUNTEERS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM NOZZBE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF NOZZBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TO THE MEASURE THAT A STATE DOES NOT RECOGNIZE AND/OR ALLOW SUCH EXCLUSION(S) OR LIMITATION(S) OF LIABILITY AS STATED IN THE AGREEMENT, NOZZBE' FULL LIABILITY IS ONLY LIMITED TO THE EXTENT GRANTED BY LAW IN SUCH STATES.
Nozzbe, our parent company, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, representatives or volunteers disclaim or may disclaim, at any point, any and all loss or liability you incur or may incur resulting from, but not limited to: (1) loss or liability as a result of delays in access or interruptions in access; (2) loss or liability resulting from non-delivery of data or mis-delivery of data or loss of data; (3) loss or liability resulting from natural disasters; (4) loss or liability resulting from the unauthorized use or misuse of your account information, including, where applicable, account number; user-id name; password; PIN or other security authentication option; (5) loss or liability resulting from errors, misstatements, omissions, contradictions or incompleteness in any and all information, including such occurrence(s) in relation to product(s) or service(s) provided under this agreement; (6) loss or liability relating to the deletion of e-mail messages or failure to maintain e-mail messages; (7) loss or liability resulting from the implementation; development or interruption of Nozzbe’s Services, including Site transactions; (8) loss or liability from your inability to contact or communicate with us by e-mail or mail or phone; (9) loss or liability related to our processing of your application for services or other transactions (10) loss or liability from your failure or your representative’s failure to timely make payments (11) loss or liability related to the initiation and application of our dispute policy; or (12) loss or liability relating to limitations, defects, incompatibilities or other problems related to xml, xkms, or any other standard(s) not under Nozzbe’s sole control. YOU AGREE THAT REGARDLESS OF ANY LAWS OR STATUTES TO THE CONTRARY, CURRENTLY ENACTED OR WHICH MAY BE ENACTED, ANY AND ALL CLAIMS OR CAUSES OF ACTION WHICH DIRECTLY OR INDIRECTLY ARISE OUT OF OR ARE A RESULT OF OR RELATED TO THIS AGREEMENT, OR ANY MODIFICATIONS THEREOF, CONNECTED TO ANY OF OUR PRODUCTS OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIMS OR CAUSES OF ACTION AROSE OR SUCH CLAIMS OR CAUSES OF ACTIONS SHALL BE FORFEITED AND FOREVER PROHIBITED AND BARRED. You further agree that any and all disagreements and disputes which arises out of or is related to this Agreement or the Services will be resolved on separate case by case basis. As such you agree that you or any person(s) or entities operating on your behalf, may not bring or agree to be a party to any claim(s) which arises out of or is related to this Agreement or our related Services as a plaintiff or as a member in a class action, class arbitration and/or consolidated action or a representative action. You acknowledge and agree that class actions, representative actions, private attorney general actions, and consolidation actions with other actions are not allowed and constitute a breach of this Agreement.
SECTION 2 - ACCOUNT DETAILS
Access of some features of Nozzbe’s Site(s) or use of some of our Services, may require creation of an Account. You represent and warrant to Nozzbe that all Account information you provide is accurate, current and complete, and that you will maintain Account information which is accurate, current and complete. If Nozzbe believes that your Account information is untrue, inaccurate, out-of-date or incomplete, Nozzbe asserts and maintains the right, in its sole and absolute discretion, to suspend or terminate your Account. You agree to accept sole responsibility for all the activity conducted on your Account, whether the activity was expressly authorized and permitted by you or a result of negligence in monitoring or maintaining security. You agree to keep your Account information secure, including without limitation your customer number, user-id, password or other security information required for third-party service provider transaction processing. For security purposes, Nozzbe recommends changing your password at least once every six (6) months for each Account. You must notify Nozzbe immediately of any breach of your Account or Account security information or measures or unauthorized use of your Account. You are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase or other security information. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase. Nozzbe will not be liable for any losses you incur due to any unauthorized or inappropriate use of your Account, whether permitted or not permitted by you. You, however, may be liable for any loss or losses Nozzbe or others incur, as a result of your Account activities, whether caused by you, or by an authorized person, or by an unauthorized person.
THIRD PARTY PROCESSING - You authorize the third service providers to process any and all account transactions initiated through the use of your password and/or passphrase or other security information. You agree that we may ask the third-party service provider to log off and/or terminate any account that is inactive for an extended period of time. Nozzbe reserves the sole and absolute right to ask the third-party service provider to log off and/or terminate any account with or without stated reason. We are not liable for third-party service provider breaches which may result in personal and/or financial information disclosure, which results in identity theft or financial loss or increased risk of identity theft or financial loss.
SECTION 3 - GENERAL RULES OF CONDUCT
You acknowledge and agree to be bound by the general rules of conduct as stipulated in the Terms of Service. These Terms of Service include the following:
i. Your use of Nozzbe’s Site and Services, including any comments you submit, will be subjected to the Terms of Service of this Agreement, any related Service Agreement(s) and/or policies that applies to your Services, as well as any and all applicable local, city, state, national and/or international laws, statutes, rules and regulations.
ii. You are not permitted to collect or harvest (or permit someone else to collect or harvest) any other User’s content or information or any Nozzbe stored, non-public or identity determining information about other Users or any other individual or entity without Nozzbe’s prior written consent.
iii. You are not permitted to access Nozzbe’s non-public content or other User’s content or information through any technology or any other means other than as allowed within the expressed designated use of public features of this Site itself, or as Nozzbe may designate.
iv. You agree to provide valid, current government-issued registration record and/or government-issued business record with printed and photo identification information, if Nozzbe requests, for your identity verification or your associate’s identity verification.
v. Without restricting any of the rights stated in this Agreement in other clauses and statements, Nozzbe expressly establishes and maintains the right to deny, suspend, cancel, terminate, or curtail future access to their Site(s) or any Services to any User, before payment or with refund of payment, if Account or Services were previously denied, suspended, cancelled, terminated or curtailed, whether as a result of breach of this or any related Agreement(s) or any Nozzbe policy, or who engages or has engaged in any unlawful or inappropriate activities during use of the Site(s) or Services (as determined by Nozzbe in its sole and absolute discretion).
SECTION 4 – ELECTRONIC PROCESSING RULES OF CONDUCT
You may not use our services for any illegal, illicit or unauthorized activity, nor may you, use the Service to knowingly and willfully violate any laws or statutes as determined in any local jurisdiction of operations (including but not restricted to trademark and/or copyright laws or statutes). You shall not transmit any viruses, worms, malware or any other code of a malicious or destructive nature, which may compromise or disrupt Nozzbe’s Site or Service(s), in any way. A breach or violation of any of the Terms of Service may result in an immediate termination of your permitted access to all Services, in person, or as a corporate entity. You agree that your selected Payment Method may be charged by third-party service provider entities, in order to facilitate payment for Nozzbe’s Site use or Services or Products.
You agree to allow third-party service providers to escrow payment(s) to facilitate some or all transactions. You agree to pay all amounts due for domain name(s), product(s) or service(s) at the time you order them. You agree all amounts are non-refundable, expect as Nozzbe, in its sole and absolute discretion, chooses to allow due to extraordinary circumstances.
Nozzbe reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and become effective immediately without further notice to you. If Nozzbe or Nozzbe’s third-party service provider is unable to charge your Payment Method for the exact amount owed for purchase, or if Nozzbe is notified of a change in payment processing which delays or cancels payment (e.g. reversal, chargeback, payment dispute, or if Nozzbe is charged any penalties for fees which were charged to your Payment Method, you agree that Nozzbe may fully pursue all available lawful recourses to obtain full payment. Nozzbe further reserves the right to charge you and/or any entity you represent “administrative” fees" and/or legal fees related to (i) measures Nozzbe may undertake beyond the normal activities of its Services, (ii) recovery of any and all expenditures related to additional resources (e.g. time and/or expenditures) Nozzbe incurs in providing its continued or extraordinary Services or steps to ensure payment for expenditures generated by Nozzbe as a result of resolving payment disagreements or delays (e.g. reversal, chargeback, payment dispute etc.) or steps initiated by you, the financial institutions which you use, or your Payment Method processor, (iii) your failure to comply with this Agreement (as determined by Nozzbe in its sole and absolute discretion). Such administrative or legal fees circumstances may include, but are not restricted to customer service responses which require extra administrative time or attention, including disputes which require extra accounting or legal activities, whether rendered by Nozzbe’s personnel or by outside individuals and/or entities retained by Nozzbe.
Nozzbe’s incurred administrative fees or processing fees or legal fees in response to such actions will be billed to you and charges will be made to any available Payment Method(s) related to any of your previous purchases of any of our domain names, products or services.
SECTION 5 - GENERAL CONDITIONS OF SERVICE
We reserve the right to refuse service to any person or entity for any reason at any time. You agree not to engage in reproduction, duplication, copying, posting, selling, reselling or exploiting any portion or section of the Site or Services, use of the Site or Service, or access to the Site or Service, in violation of copyright or trademark statues and/or laws without express written authorization by us. The section headings in the Agreement are strictly for convenience and will not limit or otherwise affect the Terms.
SECTION 6 – TIMELY ACCURACY AND COMPLETENESS OF INFORMATION
Nozzbe is not responsible if information you and/or your representative provide to us, including your personal information, which is available in public records or might become available in public records, is displayed in the course of reasonable transactions, on this site or other sites, but not considered accurate, complete or current. This site may contain various types of historical data, including educational information. Historical data is not current, and may not represent current circumstances, and therefore, is provided only for educational review and reference. Nozzbe reserves the right to change the contents of this site, in any manner, or at any time, however, we do not have any obligation to update, revise or verify any change in the completeness and/or accuracy of any data on our site. You agree that you are responsible to verify the data on our site, and to monitor our site for changes in data. All data on this site is to be considered general and/or educational information only and should not be relied on or used as a reason for making determinations or decisions without consulting with a professional expert in relevant matters who can provide primary sources of more complete, accurate and timely information. Any reliance on any data on this site should be considered and made at your own risk.
SECTION 7 - MODIFICATIONS TO SITE AND SERVICE PRICES
Prices for our products and services are subject to changes without notice. We reserve the right to modify, change or discontinue products, services (or any part or content thereof) or any related offers or elements of the Site or Service, including without limitation, prices and fees for same, without notice or given explanation at any time. We shall not be held liable to you or any represented entity, including any third-party for any previous, current or subsequent modifications, price changes, suspensions or discontinuances of offers and/or products and/or services, for any cause, or at any time.
SECTION 8 - ADDITIONAL RIGHTS RESERVATION
Nozzbe maintains the right to modify, deny, suspend, lock, cancel or terminate Site access and/or control of any Account or Services or related transactions (including cancellation of transfer of domain name for which payment has not been completed, for reasons exclusively determined by Nozzbe in its sole and absolute discretion, including but not restricted to the following: (i) correction of mistakes made by Nozzbe (ii) correction of errors made by any domain name host and/or registry or registrar, (iii) assistance with steps to detect and prevent fraud or financial irregularity (iv) protection of the integrity and stability of the Site or Services (v) compliance with court issued orders against use of a domain name(s) or website(s) or any other product or service cited in violation of relevant city, county, state, national and international laws, statutes, rules and regulations, (vi) compliance with law enforcement subpoenas or legal requests, (vii) compliance with any legal process to resolve disagreements, (viii) defense of legal action(s) or potential legal action(s), with or without determined merit, (ix) avoidance of civil or criminal liability by Nozzbe, or Nozzbe’s parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, representatives or volunteers, including, but not restricted to, cases where you have sued or threaten to sue Nozzbe.
SECTION 9 - PRODUCTS OR SERVICES
We reserve exclusive right, but are not required, to restrict any sales of product(s) and/or service(s) to any individual or in any geographic region, including region as defined by local, stare, national or international jurisdiction. We may choose to exercise our right(s) based on a case-by-case assessment. We maintain the right to restrict the purchase quantities of product(s) and/or service(s). We also reserve the right to discontinue or hold without intent for sale, any product(s) and/or service(s) at any time. Any and all offers for any product(s) and/or service(s) on this Site is not to be considered and expressly void where prohibited.
Purchase of Nozzbe’s products or services indicates acknowledgement and agreement of Nozzbe’ Terms of Agreement (“Terms of Service”), Refund Policy and Privacy Policy.
We do not warrant that product(s) and/or service(s) which are purchased or obtained by you through the site(s) or affiliated site(s) will achieve your goals or expectations. We do not warrant that product(s) and/or service(s) will be error free, or that any identified errors in the domain name(s), provision of offer(s), product(s) and service(s) will be corrected.
SECTION 10 - AVAILABILITY OF SITE AND/OR SERVICES
You agree that Nozzbe’ use of customary commercial practice to maintain its Site and Services on a continual basis, as subject to the Terms of Service of this Agreement and our other policies, is not guaranteed to maintain access or service on a twenty-four (24) hours a day, seven (7) days a week basis. You agree that the Site and Services may occasionally not be accessible or may be interrupted and lose functional operations for one or more reasons, including, but not restricted to equipment failures, routine maintenance practices, unexpected repair requirements, replacement of hardware and/or software or other assets, or other causes which might be reasonably expected or occur at an unexpected time, and in an unexpected manner, including intermittent disruption or complete failure of Nozzbe or third-party telecommunication services or networks, malicious networks attacks, network capacity limits or disruption of digital transmission links. You agree that Nozzbe does not have continuous, complete control over this Site or Services availability and does not warrant Site and Service availability and operations on a continuous or uninterrupted basis. You agree that Nozzbe does not assume any liability to you or any other party, under any circumstances, with regard to the aforementioned accessibility and availability expectations.
SECTION 11 – DISCONTINUATION OF SITE SERVICES
Nozzbe reserves the right to discontinue any and all offers or discontinue the provision of any or all Services at any time, for any or no reason, and without prior notice.
No Liability - Nozzbe will not be liable to you or any corporate entity you represent or any affiliated third-party for any modification, suspension, or discontinuance of Services we may offer or provide access.
SECTION 12 - ACCURACY OF ACCOUNT AND BILLING INFORMATION
Nozzbe reserves the sole and absolute right to refuse any order you or any corporate entity you represent place with us. We may, in our sole and absolute discretion, restrict or cancel any order for any or nor reason, including, but not limited to orders for certain quantities purchased per individual, per household or per corporation. Such restrictions may include orders placed by or under the same person’s name and/or account; the same Payment Method, and/or orders with the same billing and/or shipping address. If we make a change to or cancel your order, we may endeavor to notify you via your contact information, such as any e-mail and/or billing address and/or phone number which you provided if an account is established, or which you provided at the time the order.
You agree to provide and maintain current, complete and accurate account and purchase information for all transactions. You agree to update your account contact information with changes, as soon as possible, including your e-mail address, business billing address, shipping address and/or residence address and all Payment Method information, so that your transactions can be completed and/or you can be contact as needed.
SECTION 13 - OPTIONAL SITE AND SERVICES TOOLS
We may allow use of third-party tools over which we utilize to provide aspects of our Services. However, we do not or cannot provide any monitor role or exercise any control or provide any input in such tools.
You agree your use of our Site and Services, including third-party tools, is on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind, including obligations to provide any technical support and access to third-party tools, and we do not represent any expressed or implied endorsement of such, of any kind or in any manner. You acknowledge and agree that we shall not have any liability whatsoever which arises from or is related to your use of third-party tools.
Any use by you of third-party tools provided through the site should be considered optional and is at your own sole risk and discretion. You agree to assume full responsibility to ensure that you are aware of the risk of using specific third-party tools. You also agree to assume full responsibility to ensure that you understand and approve of the Terms of Service on which such tools are made available by third-party provider(s).
We may offer new products and/or services and/or tools and/or resources and/or features and/or other necessary or convenient support elements through the Site in the future. Such elements shall also be subject to these Terms of Service.
SECTION 14 – AFFILIATE AND OTHER THIRD-PARTY LINKS
Nozzbe’ Site and Services may include links to access various Affiliate or Non-Affiliate third-party sites' content. Affiliates are deemed to be included as third-party providers and our Site links may access third-party website’s sales of product(s), service(s) and other offer(s) which are provided by said third-party websites that are not owned by us, and whose terms and policies are not influenced or controlled by us.
Nozzbe assumes no responsibility for the products, services, offers, transactions, content, security features, terms or conditions, privacy policies, or practices of any third-party websites accessed through our Site(s), regardless of apparent affiliation or association. In addition, Nozzbe does not control, determine, influence in any manner, including, but not limited to, any role to censor or edit any content and/or any material or ensure adequate security of any third-party websites.
Your access of third-party Sites and Services is entirely at your own risk. Your use of our Site and/or the Services found at the Site, is an expressed acknowledgment that you fully release Nozzbe from any and all liability which arises or may arise related to the use of any and all third-party website(s). In this regard, Nozzbe requires you to be aware of your agreement to assume all responsibilities to independently engage with the third-party site regarding relevant questions, including, without limitations, available terms and conditions, privacy policies, and other governing documents of each other website that you may visit when you use a hyperlink on this Site to leave this Site or the Services to review third-party Site and Services.
You agree that Nozzbe is not responsible for requesting, obtaining, examining, reviewing, considering or evaluating any content or material or information to verify reliability, accuracy, veracity, or security of third-party websites. You agree that Nozzbe will not be deemed responsible and/or held accountable or liable, in any way, as an Associate of a third-party, with regard to any failure of a third party to perform satisfactorily, in any manner, and as described herein, including, without limitation, your contact and related response from a third party which results in disputes regarding fixed or negotiated prices, transfer of products or services, quality of products or services or quantity of products or services; download of data, program, content or any material which may result in damage to electronic devices or loss of data or time or other resources. You agree that Nozzbe may operate entirely as an advertising and/or marketing company, and our domain names may be advertising and/or marketing tools for clients.
You agree that you will not make any judicial or non-judicial claim against Nozzbe or our advertising domain names, or platforms or any of our other products or services, including any comments which might damage Nozzbe’s reputation or our domain name or other products or services reputation. We do not warrant and will not have any liability or responsibility for any third-party’s websites, or for any third-party’s website purchase conditions, up-sale materials or requirements, additional offers, products, or services or security against viruses or other malware or disruptive computer programs.
You agree that we are not liable for any harm, related distress or damages which results from your purchase of domain name(s) or your use of purchased domain name(s) or any products, services, resources, content, or any participation in other transactions, as a result of any connection with any third-party websites. You agree that it is your responsibility to review and/or consider any and all available or unavailable material, including, but not limited to, third-party's terms, policies and practices and ensure that you fully understand the implications of the available or unavailable material before you engage with any third-party Site(s) or Service(s) to initiate, facilitate or complete any transaction. You agree that all suggestions, concerns, complaints, claims, or questions related to any third-party domain name(s) or products, services, offers, transactions, content, security features, terms or conditions, privacy policies, practices, or any other matters, will be directed solely to the relevant third-party.
SECTION 15 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, pursuant to Nozzbe’s request, or without our request, you send submissions of material, including, but not limited to suggestions, ideas, plans, proposals, or other materials, whether by electronic mail or postal mail, or otherwise by any other means, offer such or similar communication, deemed collectively as “comments”, you agree that we may, at our sole and absolute discretion, without restriction, at any time, destroy, translate, alter, modify, copy, edit, publish, distribute and/or otherwise employ by any means and/or any medium such comments that you forward to us. We are not and will not be in any way required (1) to maintain such comments in confidence; (2) to provide payment or any compensation for any comments; or (3) to acknowledge or reply to any comments.
You are not permitted to use a false or misleading residential address or business address or e-mail address, or to pretend to be anyone or otherwise deceive or mislead us or third parties, in a manner which might obscure your partial or entire role in the origin of any comments. You are entirely liable for any and all comments which you or your representative communicate, including the accuracy of the comments. We shall not be liable and we do not assume any responsibility for any comments posted by you or any third-party.
We reserve the sole and absolute right, but have no duty, obligation or requirement to, review, screen, monitor, edit or delete, or in any way remove, material or comments that we determine in our sole discretion are or may be unlawful, offensive, threatening, slanderous, libelous, defamatory, obscene, pornographic or otherwise offensive or considered objectionable because of considerations of violation of any party’s rights or these Terms of Service, unless legally required to comply by a court order or law enforcement officer.
You agree that your communications to Nozzbe or any postings on the Site, to the extent allowed, will not contain comments which may be deemed unlawful, offensive, threatening, slanderous, libelous, defamatory, obscene, pornographic or otherwise offensive. You agree not to use your domain name(s) or other product(s) or service(s) purchased on the Site to violate any party’s intellectual property right or any other right of any party, including copyright, trademark, privacy, proprietary, or other right.
You agree that your communications will not contain any computer virus or malware or other disruptive, compromising or malicious program that could in any manner adversely affect the operation or expected integrity of the Site and/or Services or any related website or services.
SECTION 16 – DATA MANIPULATION PROGRAMS & LIQUIDATED DAMAGES
We monitor communications to us for indications of spam, phish, pharm, pretext, spider, crawl, or scrape activity. We reserve the right to suspend, terminate or cancel any account or transaction or communication, if, in our sole and absolute discretion, we believe you or your representative engage in such activities.