Nulo.com Terms of Use

 

Introduction & Acceptance of Terms
The Nulo.com website offers consumers a convenient way to purchase and manage pet food. Nulo, Inc., ("we, us, our") has established the following terms and conditions (the "Agreement") for each customer ("you, your") which governs your use of the Nulo.com website. Terms of this Agreement apply whether you are just visiting the website (meaning you are simply browsing the website) or whether you are an Account holder (described below). By using the website, you acknowledge that you have read and understood this Agreement and that you agree to be bound by all of its terms. We may change this Agreement at any time by posting revisions to the website, and your continued use of the website indicates your acceptance of any revised terms.
 
Privacy
Please review our Privacy Policy, which also governs your use of the Nulo.com website.
 
Nulo.com Account Eligibility
In order to purchase and manage product purchases using the Nulo.com service and participate in the social features available on Nulo.com, you must create a Nulo.com Account (the "Account"). Creating and maintaining an Account is free and there are no membership fees, but you must:
 
 
By logging into the website, you represent and warrant that: (a) you are the customer who registered for the services; (b) that you are using the services only for permitted purposes under this Agreement; and (c) you will immediately notify us of any unauthorized use of your password or Account or any other breach of security. We reserve the right, in our sole discretion, to reject any application for an Account and/or immediately cancel or suspend any existing Account at any time.
 
Nulo Account Holder Responsibilities & Prohibited Activities
As an Account holder, you are prohibited from:
 
As an Account holder, you are responsible for:
Nulo Account Termination
Your Account membership is subject to the terms and conditions in this Agreement. We reserve the right to terminate your Account, remove or edit content, and cancel any orders at any time for any failure to comply with these terms and conditions, any fraud or abuse, or any misrepresentation you make to us. Nulo also reserves the right to close any inactive Accounts. An Account is deemed inactive if you have had no purchase activity for 18 consecutive months. Any accrued rewards in inactive Accounts will be returned to Nulo.com.
 
Account holders may terminate their Account at any time by sending an e-mail or other written notification to Nulo.com.
 
Sale of Goods
We reserve the right to limit quantities of items purchased by you, to cancel any order or part of an order, or refuse service to anyone for any reason. The posting of prices on our website is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods is not entered into until we ship your products. Title to goods and all risk of loss passes to you upon delivery to the shipping carrier.
 
Pricing and Availability
Prices and availability of products are subject to change without notice. We make every effort to provide accurate information about the prices of products available on the Nulo.com site. However, we cannot confirm the price of a product until a contract for sale of goods is completed. In the event a product appears with an incorrect price or information, we reserve the right to cancel any orders of the product.
 
Product Descriptions, Packaging and Colors
We have made every effort to display as accurately as possible the products and associated packaging and colors associated with such products on the Nulo.com site. However, we cannot guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
 
Product Substitutions
Nulo reserves the right to deliver substitute product to you, only in the event the ordered item is out of stock and the identical brand and product is available in a form that is of equal or greater value. Any substitution will occur at no extra cost to you.
 
Contests and Sweepstakes
We may, from time to time, offer contests, sweepstakes, games or rewards programs on Nulo.com. Each of these activities may be governed by additional specific rules as posted and made available to you with the specific promotion.
 
Reviews and Social Features
Nulo Account holders may post reviews, comments, photos, and other content on the Nulo.com website ("Submission"). We reserve the right (but not the obligation) to remove or edit Submissions, but we do not regularly review posted content. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submissions.
 
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this Agreement or cause injury to any person or entity. You agree to indemnify Nulo.com, Inc. against all claims and liabilities resulting from your Submission. Nulo takes no responsibility and assumes no liability for any Submissions made by you or any third party.
 
DISCLAIMER AND LIMITATION OF LIABILITY
THE NULO.COM ACCOUNT, WEBSITE, AND RELATED SERVICES ARE BEING PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. NULO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
 
NULO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, TIMELINESS, OR ACCURACY OF ANY PRODUCT OFFERS, DATA OR CONTENT PROVIDED AT THE NULO WEBSITE. NULO MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SUPPLIERS AFFILIATED WITH THE NULO.COM WEBSITE. NULO DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO THE NULO.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NULO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE NULO.COM WEBSITE. THE NULO WEBSITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. NULO IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. NULO EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. NULO MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY NULO. NULO DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
 
IN NO EVENT SHALL NULO BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF THE NULO.COM WEBSITE OR ACCOUNT, ANY ACT OR OMISSION BY NULO IN ADMINISTERING THE WEBSITE OR YOUR ACCOUNT, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES THROUGH THE NULO.COM WEBSITE, EVEN IF NULO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD NULO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE NULO.COM WEBSITE OR ACCOUNT.
 
Permitted Use
You agree that you are only authorized to visit, view and retain a copy of pages of the website for your own personal shopping and informational use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, information, software, products and services included in or available through the website for any purpose other than for your personal, non-commercial use, unless otherwise specifically authorized by Nulo to do so.
 
Intellectual Property
You acknowledge that the Nulo.com website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You acknowledge that all such Content is proprietary to Nulo and/or our suppliers. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
 
General
When you visit Nulo.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nulo.com service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
 
All matters relating to your access to, and use of, the website or any services provided by Nulo shall be governed by U.S. federal law or the laws of state of California. Any legal action or proceeding relating to your access to, or use of, the website shall be instituted in a state or federal court in Santa Clara County, California. You and Nulo agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
 
Copyright Policy
If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, you can provide us with notice that contains the following information:
 
  1. A description and copy of the copyrighted work you claim has been infringed;
  2. A description of where the material you claim is infringing is located on the site;
  3. Your address, telephone number, and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above.
     
Designated Agent for Notification of Claimed Copyright Infringement
 
By mail:
Legal Dept.
Nulo, Inc.
319 Congress Ave., Suite 200
Austin, Texas 78701
 
By phone: (512) 476-6856
 
By email:  support@Nulo.com
 
 
REVISED 4/18/11