Conditions of Use
Welcome to the NuVue Best Solutions™ site. By using the NuVue Best Solutions Website YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the NuVue Website.
References to NuVue herein refer to NuVue Best Solutions.
NuVue reserves the right to make changes to the NuVue Website and its Conditions of Use and Legal Notices at any time. Each time you use the NuVue Website, you must visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the NuVue Website, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the NuVue Website.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Acceptance of Terms
Your use of the NuVue Website constitutes acceptance of the CONDITIONS OF USE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the NuVue Website.
Intended for Users Over 13
The NuVue Website is intended for use by individuals of at least 13 years of age or older. The NuVue Website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.
Product Display/Colors
The NuVue Website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and NuVue reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NuVue will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the NuVue Website Return Policy.
Pricing Policy
Online prices, offers and selection may vary from our prices, offers and selection at auction websites and seminars, and are subject to change.
Sales Tax Policy
We do business throughout the United States and accordingly collect sales and use tax as required by applicable law. However, the law governing our obligation to collect sales tax from online purchases may change, and we may be required to collect sales tax from you without notice if there is a change in the law governing online sales.
Paying for Your Order
You may pay for your orders online through a PayPal® account. If you do not currently have a PayPal® account, please visit www.paypal.com before making your online purchase.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The NuVue Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your PayPal® account will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your account.
Return Policy
NuVue will fully refund return merchandise within 30 days of a sales receipt. In order to receive credit for a returned item, it must be unopened. If defective, you may exchange an item for the same title.
Delivery and other fees for services performed are nonrefundable after the service has been completed.
Returning Items by Mail
Follow the simple directions below to make your return or exchange by mail.
Include all original packing materials, manuals and accessories with the product to avoid any additional fees.
We recommend items be returned via UPS or insured parcel post for proof of delivery. We also recommend that you reuse the original shipping carton and packing materials.
You are responsible for all freight charges. However, you will be credited all reasonable and customary freight charges relevant to that item if product is damaged or defective, or the wrong item was shipped. Please include the postal receipt in your return package.
Ship items to:
NuVue Business Solutions
14460 New Falls of Neuse
Suite 149-330
Raleigh, NC 27614
We will do our best to process the return quickly. Please allow 14-21 days for processing. Refunds will be credited to your PayPal® account only.
Order Limitations
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Quantities May Be Limited
NuVue may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same PayPal® account, and also orders which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. NuVue reserves the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
Shipping
All orders placed on this site are subject to product availability and will be shipped according to NuVue's shipping policies.
All orders are F.O.B. our shipping facility. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier and/or freight consolidator.
Right to Download
You may only download Content displayed on the NuVue Website for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the NuVue Website including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of NuVue. It is strictly prohibited to download the images of the products for sale within this site.
Proprietary Rights
All content included on or comprising the NuVue Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, or other proprietary right, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and NuVue owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The NuVue logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by NuVue and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using the NuVue Website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to NuVue or any other third party using the NuVue Website is non-confidential. By submitting any solicited or unsolicited information using the NuVue Website, you grant NuVue an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
Applicable Law
The NuVue Website is created, operated and controlled by NuVue in the State of North Carolina, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of Wake County, North Carolina including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of North Carolina will also govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.
Links to Third-Party Websites
The NuVue Website contains links to other sites operated by third-parties, including but not limited to third-party sites that display the NuVue trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
NuVue does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the NuVue Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. NuVue makes no representation or warranty as to any products or services offered on any Third-Party Site.
The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the NuVue Website. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Privacy
Please review the
NuVue Privacy Policy for information on the privacy practices of the NuVue Website.
Security
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
The NuVue Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Users are prohibited from violating or attempting to violate the security of the NuVue Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using the Website for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Website (impersonating the NuVue Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of NuVue, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the NuVue Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the NuVue Website other than the search engine and search agents provided by NuVue or generally publicly available browsers.
Disclaimers and Limitation of Liability
By using the NuVue Website, you expressly agree that use of the NuVue Website is at your sole risk. The NuVue Website is provided on an "AS IS" and "as available" basis. Neither NuVue nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the NuVue Website will be uninterrupted or error-free. Neither NuVue nor its Associates warrant the accuracy, integrity or completeness of the content provided on the NuVue Website or the products or services offered for sale on the NuVue Website. Further, NuVue makes no representation that content provided on the NuVue Website is applicable to, or appropriate for use in, locations outside of the United States. NuVue and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by NuVue or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall NuVue or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the NuVue Website, including but not limited to reliance by you on any information obtained from the NuVue Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of NuVue has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the NuVue Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Damages
In no event shall NuVue, its affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
Termination of Use
NuVue may in its sole discretion terminate your account or your use of the NuVue Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. NuVue reserves the right to change, suspend, or discontinue all or any aspects of the NuVue Website at any time without prior notice.
Contact Information of The NuVue Website
The NuVue Website address is www.NuVue.com. The mailing address for NuVue is NuVue Best Solutions, 14460 New Falls of Neuse, Suite 149-330, Raleigh, NC 27614. The telephone number for NuVue is (800) 688-8310.
Last revision date: October 16, 2003