Terms & Conditions

TERMS and CONDITIONS
 
The terms “Ness Goods, Inc” or ‘us’ or ‘we’ refers to the owner of the website/ mobile App whose registered office is Ness Goods, Inc. 18500 Von Karman Avenue, Suite 100. Irvine, CA 92612, United States of America. The term ‘you’ refers to the user or viewer of our website/ mobile App.

 
1. Introduction.
 
THE COMPANY DOES NOT OFFER PROFESSIONAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE WEBSITE/ MOBILE APP AND SERVICES, OR WITHIN ANY OF THE COMPANY’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL SERVICES, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS RELATED TO ANY CERTAIN PRODUCT OR SERVICE. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD PARTY MATERIALS, USER UPLOADS, AND NESSGOODS-GENERATED CONTENT DERIVED FROM THIRD PARTY CONTENT AND USER UPLOADS (E.G., HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). ALWAYS CONSULT YOUR TRUSTED PROFESSIONAL IF YOU HAVE ANY QUESTIONS ABOUT ANY PRODUCTS OR DELIVERY OF SERVICES. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING THE SAME BECAUSE OF ANY INFORMATION YOU READ ON THE SITE, SERVICES, OR ON NESSGOODS SOCIAL MEDIA PAGES AND CHANNELS. THIS DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY ELSEWHERE IN THESE TERMS OF USE.
 
These Terms And Conditions (these “Terms” or “Terms And Conditions”) contained herein on this webpage, shall govern your use of this website/ mobile App, including all pages within this website/ mobile App (collectively referred to herein below as this “website/ mobile App”). These Terms apply in full force and effect to your use of this website/ mobile App and by using this website/ mobile App, you expressly accept all terms and conditions contained herein in full. You must not use this website/ mobile App, if you have any objection to any of these website/ mobile App Standard Terms and Conditions. This website/ mobile App is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website/ mobile App if you a minor.

 
2. Changes to the Terms of Use.
 
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of the website/ mobile App following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We will use our best efforts to provide notice to any registered users or guests about the changes to these Terms of Use.
 
3. Intellectual Property Rights.
 
Other than content you own, which you may have opted to include on this website/ mobile App, under these Terms, Ness Goods, Inc. and/or its licensors own all rights to the intellectual property and material contained in this website/ mobile App, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website/ mobile App.

 
4. Restrictions.
 
You are expressly and emphatically restricted from all the following:
1. publishing any website/ mobile App material in any media;
2. selling, sublicensing and/or otherwise commercializing any website/ mobile App material;
3. publicly performing and/or showing any website/ mobile App material;
4. using this website/ mobile App in any way that is, or may be, damaging to this website/ mobile App;
5. using this website/ mobile App in any way that impacts user access to this website/ mobile App;
6. using this website/ mobile App contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website/ mobile App, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website/ mobile App, or while using this website/ mobile App;
8. using this website/ mobile App to engage in any advertising or marketing;

Certain areas of this website/ mobile App are restricted from access by you and [COMPANY NAME] may further restrict access by you to any areas of this website/ mobile App, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this website/ mobile App are confidential and you must maintain confidentiality of such information.

 
5. Your Content.
 
In these website/ mobile App Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website/ mobile App. With respect to Your Content, by displaying it, you grant NessGoods, Inc.  a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any, and all media. Your Content must be your own and must not be infringing on any third party’s rights. NessGoods, Inc. reserves the right to remove any of Your Content from this website/ mobile App at any time, and for any reason, without notice.

 
6. Prohibited Uses.
A. You may use the website/ mobile App or Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website/ mobile App or Services:
i. in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
ii. 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
iv. to impersonate or attempt to impersonate the Company, a Company 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
v. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website/ mobile App, or which, as determined by us, may harm the Company or users of the website/ mobile App or expose them to liability.
B. Additionally, you agree not to:
i. use the website/ mobile App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website/ mobile App or Services, including their ability to engage in real time activities through the website/ mobile App or Services,
ii. use any robot, spider or other automatic device, process, or means to access the website/ mobile App or Services for any purpose, including monitoring or copying any of the material presented thereon including any information contained in your Social Media,
iii. use any manual process to monitor or copy any of the material on the website/ mobile App or Services, or for any other unauthorized purpose without our prior written consent,
iv. use any device, software or routine that interferes with the proper working of the and delivery of the Services,
v. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
vi. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website/ mobile App or Services, the server on which the website/ mobile App or Services is stored, or any server, computer or database connected to the Services,
vii. attack the website/ mobile App or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack, or
viii. otherwise attempt to interfere with the proper working of the website/ mobile App or Services.
 
7. Monitoring and Enforcement; Termination.
 
A. We have the right to:
i. remove or refuse to post any User Uploads for any or no reason in our sole discretion,
ii. take any action with respect to any User Upload that we deem necessary or appropriate in our sole discretion, including if we believe that such User Upload violates the Terms of Use, including the Content Standards (Section 13), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website/ mobile App, Services, or the public, or could create liability for the Company,
iii. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy,
iv. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website/ mobile App or Services, including any stalking or harassment, or
v. terminate or suspend your access to all or part of the website/ mobile App or Services for any or no reason, including without limitation, any violation of these Terms of Use.
B. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website/ mobile App or Services.
C. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
D. However, we do not undertake to review material before it is posted on the website/ mobile App or Services, we do not and cannot ensure the accuracy of the information calculated and cannot ensure prompt removal of objectionable material (and its impact) after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, subject to any applicable law.
E. You hereby grant, and you represent and warrant that you have the right to grant, to NessGoods an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Uploads, and to grant sublicenses of the foregoing, solely for the purposes of including your User Uploads in the website/ mobile App and Services. You agree to irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Uploads.

8. No warranties.
 
This website/ mobile App is provided “as is,” with all faults, and NessGoods, Inc. makes no express or implied representations or warranties, of any kind related to this website/ mobile App or the materials contained on this website/ mobile App. Additionally, nothing contained on this website/ mobile App shall be construed as providing consult or advice to you.
 
9. Limitation of liability.
 
In no event shall Ness Goods, Inc. , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website/ mobile App, whether such liability is under contract, tort or otherwise, and Ness Goods, Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website/ mobile App.
 
10. Indemnification.
 
You hereby fully indemnify, Ness Goods, Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
 
11.Copyright Infringement.
 
We do not condone copyright infringement and will terminate the user accounts of repeat infringers. You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied or posted on the website/ mobile App or Services in a way that constitutes copyright infringement, please provide our Copyright Agent (provided in this Section 14), in writing, with the information as follows:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or of interest in the copyright;
ii. a description of the copyrighted work that you claim has been infringed;
iii. a description of where the allegedly infringing material is located on the website/ mobile App, or in the provision of the Services, with reasonably sufficient detail to enable the Company to find the allegedly infringing material, including a URL;
iv. your address, telephone number to reach you, and email address;
v. a written statement by you representing that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a written statement by you, made under penalty of perjury, that all of 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.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [Email Address], or at the following address:
Copyright Agent
18500 Von Karman Avenue, Suite 100, Irvine, CA 92612

 
12. Changes to the website/ mobile App.
A. We may update the content on this website/ mobile App, including with regard to the Services (and Support Services) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website/ mobile App may be out of date at any given time, and we are under no obligation to update such material.
B. However, we may from time to time issue upgraded versions of the website/ mobile App. You consent to such automatic upgrading on the website/ mobile App (for full functionality), and agree that these Terms of Use shall apply to all such upgrades.
 
13. Severability.
 
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.
 
14. Variation of Terms.
 
Ness Goods, Inc. is permitted to revise these Terms at any time as it sees fit, and by using this website/ mobile App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website/ mobile App.
 
15. Assignment. 
 
Ness Goods, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
 
16. Entire Agreement.
 
These Terms, including any legal notices and disclaimers contained on this website/ mobile App, constitute the entire agreement between Ness Goods, Inc. and you in relation to your use of this website/ mobile App, and supersede all prior agreements and understandings with respect to the same.
 
17. Governing Law & Jurisdiction.
 
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
 
18. Dispute Resolution.
 
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Privacy Policy, the website/ mobile App, or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, first to mediation in the United States, then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

19. Limitation on Time to File Claims.
 
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE website/ mobile App MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 
20. Waiver; Severability.
 
A.No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
B. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Your Comments and Concerns.
 
A. You may contact us at 18500 Von Karman Avenue, Suite 100, Irvine, CA 92612
B. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
C. All other feedback, comments, requests for technical support and other communications relating to the website/ mobile App should be directed to: info@nessgoods.com