Terms & Conditions
YOUR USE OF THIS WEBSITE, WHICH IS OPERATED BY NOKOMIS HERBAL PRODUCTS, LLC (“NOKOMIS,” “WE,” “US,” OR “OUR”), IS GOVERNED BY THESE TERMS AND CONDITIONS. WHEN YOU ACCESS AND USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR WEBSITE PRIVACY POLICY, OUR TERMS OF SALE, AND ANY OTHER POLICIES, TERMS, AND GUIDELINES WE MAY POST. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
We reserve the right, in our sole discretion, to modify these Terms and Conditions and modify, add, or remove any Content at the website at any time. Please check this page each time you visit for any such changes or modifications. Your continued use of the website constitutes acceptance by you of the updated Terms and Conditions.
1. INTELLECTUAL PROPERTY OWNERSHIP
Except as otherwise indicated, Nokomis owns the website and owns (or uses with permission) all registered and unregistered trademarks, logos, characters, designs, artwork, images, audio clips, graphics, music, sound, software, information, text, data, comments, posting, submissions, pictures, videos, and other material and content (collectively, the “Content”), as well as the arrangement and selection of the Content. Your unauthorized use of the Content may violate copyright, trademark, patent, privacy, and other U.S. and/or international laws, and may infringe upon our rights or the rights of third parties. Such unauthorized use may result in your personal liability, including potential criminal liability. Unless expressly permitted by Nokomis, you may not alter, archive, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content; provided that you are granted a limited, non-sublicensable right to access and use the website, download material from the website for your own personal use, and make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. You may not use bots, data mining technology, or any other technique intended to extract data or information from the website. Any attempt to interfere with the website or impede the lawful enjoyment of the Content by anyone may be subject to civil and criminal penalties.
2. THIRD PARTY CONTENT
The website may contain Content owned by third parties. The use of or references to the names or trademarks of such third parties and any references to their products or services does not constitute an endorsement by Nokomis of such parties or their products or services. Nokomis does not endorse or warrant the accuracy or reliability of, or assume any liability in connection with, any website Content provided by third parties or any of their products or services.
3. LINKS TO THIRD PARTY WEBSITES
The website may contain links to or from third party sites. Nokomis is not responsible for the content of any linked sites. Your use of any linked site is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked site, so you should review them carefully. Nokomis disclaims any and all liability in connection with your use of linked sites.
4. VIOLATIONS OF THESE TERMS AND CONDITIONS
Any violation of these Terms and Conditions or any other policies, terms, or guidelines regarding use may result in termination of your account or limits on your ability to access the website, in our sole discretion. Nokomis reserves the right to use or disclose any information you provide to any third party to investigate or take action in response to violations or suspected violations of these Terms and Conditions.
5. DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER MATTER. WHILE WE TRY TO PROVIDE ACCURATE DESCRIPTIONS OF OUR PRODUCTS, NOKOMIS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT INFORMATION WILL ALWAYS BE AVAILABLE, OR THAT THE WEBSITE OR SERVERS, HARDWARE OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL NOKOMIS OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE AND CONTENT.
6. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of New York, without regard to conflict of laws principles. You agree that New York is a proper forum for any dispute arising out of these Terms and Conditions. By downloading or using Content or features of the website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country where use of the website is prohibited.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nokomis and its officers, members, managers, employees, and agents from and against any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party arising out of or related to your use of the website and Content or your violation of these Terms and Conditions.
8. SEVERABILITY
If any provision herein is deemed unlawful, void, or unenforceable for any reason, such provision will be deemed severable and will not affect the validity or enforceability of the remainder of these Terms and Conditions.