TERMS AND CONDITIONS
The Website is an Internet property of Nucentix (“https://nucentix.com”, “we” or “us”). You agree
Website; and/or (2) purchase products or services offered on our Website (“Online Products”).
other applicable Nucentix operating rules, policies, price schedules and other supplemental
terms and conditions or documents that may be published from time to time, are expressly
incorporated herein by reference (collectively, the “Agreement”), and by agreeing to these
all other terms of the Agreement. Please review the Agreement carefully. If you do not agree to
the terms and conditions contained within the Agreement in its entirety, you are not authorized
to use the Website in any manner or form whatsoever.
The “Nucentix Sites” shall mean all areas and services offered or available on the
interactive online service operated by Nucentix and/or its affiliates on the World Wide
Web. The Nucentix sites consist of information, services and content provided by Nucentix and/or its affiliates and/or third parties.
Nucentix shall have the right at any time to change or discontinue any aspect or feature
of the Nucentix including, but not limited to, the content, hours of availability, and
equipment needed for access or use. Such changes, modifications, additions or deletions
shall be effective immediately without further notice thereof. Amendments to the terms and
conditions contained herein may be given by means including but not limited to, posting on
the Nucentix Sites a revised version of this Agreement or notification by electronic
mail. Any use of the Nucentix Sites after such notice shall conclusively be deemed to be
acceptance of such changes, modifications, additions or deletions. The user agrees to review
the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of Sites.
A. The Nucentix Sites contain copyrighted material; trademarks and other proprietary
information including text, software, photos, video, graphics, music and sound, and the
entire contents of the Nucentix Sites are copyrighted as a collective work under the
United States copyright laws. Nucentix is the owner of the copyright in the entire Nucentix Sites. Nucentix owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. Each third party
content provider owns the copyright in content original to it. You may not modify, publish,
transmit, display, participate in the transfer or sale, create derivative works, or in any
way exploit the content of the Nucentix Sites or any portion of it. Except as otherwise
expressly permitted under copyright law, you may not copy, redistribute, publish, display or
commercially exploit any material from the Nucentix Sites without the express permission
of Nucentix and, if applicable, the copyright owner. In the event of any permitted
copying, redistribution or publication of material from the Nucentix Sites, no changes in
or deletion of author attribution, trademark, legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading or copying
B. You hereby grant to Nucentix and its respective affiliates worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and display any
e-mail, video, graphic, data, or information sent by you to Nucentix (in whole or in
part) and/or to incorporate it in other works in any form, media or technology now known or
C. You shall provide Nucentix with accurate, complete and updated information provided by
you at the time of your purchase.
D. The Nucentix Sites contain links to other Websites, resources and advertisers. Nucentix is not responsible for the availability of these external sites nor does it endorse or
is it responsible for the contents, advertising, products or other materials made available
on or through such external sites. Under no circumstances shall Nucentix be held
responsible or liable, directly or indirectly, for any loss or damage caused or alleged to
have been caused to a user in connection with the use of or reliance on any content, goods
or services available on such external site. You should direct any concerns to such external
site’s administrator or web master.
E. You agree not to take any action to interfere with the function or accessibility of the
Nucentix Site or to take any action to restrict the access of others thereto.
F. The foregoing provisions of this Section 3 are for the benefit of Nucentix, its
affiliates, third party content providers and licensors, and each shall have the right to
assert and enforce such provisions directly on its own behalf or jointly with others.
G. Nucentix has carefully designed the Nucentix Site with the purpose of delivering
certain content to users in a particular format and with a particular appearance. No third
party shall have the right to utilize the content of the Nucentix Site in any way that
interferes with that purpose. In particular, Nucentix prohibits any party from displaying
the content on the Nucentix Sites in any format where third party advertising or other
materials that Nucentix did not authorize in writing is viewed or viewable together with
Nucentix’ proprietary content.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE Nucentix SITE IS AT YOUR SOLE RISK. NEITHER Nucentix, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE Nucentix WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Nucentix SITE
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED
THROUGH THE SITES.
B. THE Nucentix SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED,
DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT Nucentix IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
D. IN NO EVENT WILL Nucentix OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE Nucentix SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Nucentix OR OUT OF
THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL
APPLY TO ALL CONTENT ON THE Nucentix SITE. Nucentix’s LIABILITY TO USERS, IF ANY, SHALL IN
NO EVENT EXCEED THE TOTAL AMOUNT PAID TO Nucentix.
E. Nucentix NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE OR STATEMENT ON THE Nucentix SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR
OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL Nucentix BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE Nucentix
SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE Nucentix SITES. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH,
OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. Nucentix DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH
THE Nucentix SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION
WITH Nucentix PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Nucentix MAKES PRODUCTS OR SERVICES
AVAILABLE ON THE Nucentix SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless Nucentix, its affiliates and their
respective directors, officers, employees and agents from and against all claims and expenses,
including attorneys’ fees, arising out of the use by you of the Nucentix Sites, including
claims by other users of your equipment, access or membership.
Nucentix shall have the right to immediately terminate this Agreement with respect to any
user which Nucentix, in its sole discretion, considers to be unacceptable, or in the event of
any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall
survive termination of this Agreement.
All trademarks appearing on the Nucentix Sites are the property of their respective owners,
including, in some instances, Nucentix, and/or affiliated companies.
8. Refund Policy
Your order comes with a 180 Day, 100% Money Back Guarantee. If for any reason you are not
fully satisfied please contact us to return the unopened product within 180 days of when you
received your order. And we will refund you 100% of the purchase price.
9. Shipping Policy
We offer free shipping to anywhere in the continental United States. All orders placed between
the hours of 6 am and 3 pm Monday and Friday will be shipped out in 2-3 business days. Business
days are Monday through Friday, excluding all US postal holidays. Handling is also included in
your order. As soon as your order is shipped, you will be sent a confirmation email with your
tracking numbers necessary to locate and track the status of your order in transit.
This Agreement and any operating rules for the Nucentix Sites established by Nucentix
constitute the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the laws of the State of
Texas without regard to its conflict of laws rules. Any dispute arising under or relating to
this Agreement or any Nucentix Site shall be brought in state or federal courts in Austin,
Texas, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. You also give full permission to Nucentix to charge other
accounts provided on items purchased and not paid for. The section headings used herein are for
convenience only and shall not be given any legal import.