Terms and Conditions

Terms and Conditions of Use

Last revised: May 3, 2016

Welcome to the nunamoochie.com website (“Website”)! This website is operated by Nunamoochie Inc. as a service to its customers. Throughout the Website, the terms “Nunamoochie” “we,” “us” and “our” refer to Nunamoochie Inc.

Your use of our Website is conditioned on you accepting these Terms and Conditions of Use (“Terms of Use”). BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE AND ACCEPT THEM IN FULL. If you do not agree to these Terms of Use, please do not use this Website.

These Terms of Use apply exclusively to your access to, and use of, this Website and do not alter in any way the terms and conditions of any other agreement(s) you may have with us, including any terms of sale.

Nunamoochie reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the nunamoochie.com web site following any such changes constitutes your agreement to follow and be bound by these Terms of Use as changed. Please review these Terms of Use whenever you use this web site.

How to Contact Us

If you have any questions or comments about these Terms of Use or for all other communication, please contact us by:

Emailing us at: info@nunamoochie.com
Calling us at: (734) 743-1890
Writing us at: 14216 Arden St., Livonia, Michigan, 48154

You may not use contact information provided on the Website for unauthorized purposes, including solicitations and marketing.

Privacy Statement

Our Privacy Policy is available here.

Usage Restrictions; Trademarks and Copyrights

All of the content you see and hear on the nunamoochie.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Nunamoochie, one of its affiliates or by other third parties. The word “Nunamoochie” the Nunamoochie logo, and the products and services described in this Website are either registered or unregistered trademarks, trade names, or service marks, trade dress, or copyrighted material of Nunamoochie and its licensors, or are the property of their respective owners.

You may access, copy, download, and print the material contained on this Website for your personal and non-commercial use, provided you do not modify or delete (including through selectively copying or printing material) any copyright, trademark, or other proprietary notice that appears on the material and you provide appropriate attribution and acknowledgment. Any other use of content on this Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website is expressly prohibited.

No right, title or interest in any content or materials is transferred to you and nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. Nunamoochie reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Website. The material on this Website is provided to you under a limited license that is revocable at any time, and we reserve the right, without notice and in our sole discretion, to terminate your license to use this Website and to block or prevent future access to and use of this Website.

Nunamoochie reserves all rights not expressly granted in and to the Website and its content.

User Comments, Feedback, Postcards and Other Submissions

We may from time to time allow the posting of and submission of comments, postcards, suggestions, ideas, and other feedback (collectively, the "Comments"). You acknowledge that you are responsible for any Comments you may submit via the Website, including the copyright, legality, reliability, appropriateness, and originality of any such material.

You represent and warrant (and Nunamoochie relies on your warranty) that you (i) own or otherwise control all the rights to the Comments you post or that such items are known to you to be in the public domain; (ii) that the Comments are accurate; (iii) that use of the Comments you supply does not violate any provision herein and will not cause injury to any person or entity; (iv) that the Comments are not defamatory or otherwise trade libelous; (v) the Comments do not violate any law, statute, ordinance or regulation; and (vi) that you will indemnify Nunamoochie for all claims resulting from Comments you supply, including for example, arising from an action alleging infringement of copyright or other proprietary rights in such work or privacy or other personal rights.

If you do submit Comments, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that we are free to use, without limitation and without any compensation to you, the Comments and any ideas, concepts, or know-how that you or individuals acting on your behalf provide to us. You grant us the right to use the name you submit in connection with such material. We retain any and all rights granted in these Terms of Use in and to the Comments after termination.

You agree that we are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you provide to us. We have an absolute right, and sole discretion, to remove any material from the Website at any time.

We undertake no duty to determine the validity of any claim of copyright or trademark infringement. Upon receiving written notice that complies with the requirements of the Digital Millennium Copyright Act (DMCA), court order, administrative order, or other legal process, that any item posted on this Website is believed to infringe a copyright or other proprietary right, we will remove said work.

WE MAKE NO WARRANTY AS TO THE CURRENCY, OPERABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY INFORMATION POSTED TO THIS WEBSITE, AND WE WILL ASSUME NO LIABILITY FOR ANY LOSSES OR DAMAGES ALLEGED TO ARISE FROM USE OF OR RELIANCE ON SUCH INFORMATION.

Colors

Each monitor displays colors differently. Because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Accuracy, Completeness and Timeliness of Information on This Site

The information of the Website may contain typographical errors or inaccuracies and may not be complete or current. Such errors, inaccuracies or omissions may relate to product description, pricing and availability. We reserve the right, in our sole discretion, to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice to you. In the event such error impacts the price of your order, we shall have the right, in our sole discretion, to refuse or cancel such order, even if the order was confirmed and your credit card charged. If your credit card was charged for the incorrect price, we will issue a credit to your credit card for the amount charged.

We apologize for any inconvenience this may cause you. If you are not fully satisfied with your nunamoochie.com purchase, you may return it with the original nunamoochie.com packing receipt in accordance with our Return Policy.

Third Party Links

This Website may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites and do not endorse such content, goods or services.

We have no control over third party websites and make no claim or representation regarding such websites. We accept no responsibility for, the quality, content, nature, or reliability of any websites accessible by hyperlink from this Website, or websites linking to this Website. Different terms and conditions may apply to your use of any linked sites and such sites have separate privacy and data collection practices. Nunamoochie is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. Visitors to such third party websites should refer to such websites' respective privacy policies, and terms and conditions.

Disclaimer; Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUNAMOOCHIE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMNT, OR WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. NUNAMOOCHIE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL BE SECURE, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUNAMOOCHIE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, NEITHER NUNAMOOCHIE NOR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NUNAMOOCHIE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NUNAMOOCHIE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Jurisdiction; Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws or provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Wayne County, Michigan, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Nunamoochie and you arising out of or in connection with your use of this Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

By accessing, using, or placing orders on this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and by all applicable laws and regulations.

Visitors who do not agree with these Terms of Use should not access, use, or place orders on or through this Website. By using this Website, you irrevocably agree that any controversy or claim arising out of or relating to your use of this Website or any services provided hereunder shall be settled by the District Court for the Eastern District based in Detroit, Michigan.

While we recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, and we have no practical ability to prevent such access, this Website has been designed to comply with the laws of the State of Michigan of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Waiver

No waiver by Nunamoochie of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time.