Numiru Cat Icon

Date of publication:
February 6th, 2024

Effective date:
February 6th, 2024

Terms of Service

Read these Terms of Service carefully, as they are an important legal document.

These Terms of Service and all other policies, terms, rules, statements, and agreements expressly referenced herein (collectively, the “Terms”) are provided by Numiru, LLC (the “Company”), a Florida Limited Liability Company. These Terms govern your access to and use of this website and the digital service offerings of the Company, your use of any Company communications systems, your use of any installable desktop or mobile applications provided by the Company, your interactions on any social media pages owned or controlled by the Company, your use of any widgets provided by the Company which may be hosted by or otherewise presented within third-party applications or websites, your access to or use of any development tools or application programming interfaces the Company may provide, your access to or use of any digital devices or functionality provided within physical locations operated by the Company, and your registration and participation in any in-person or online events offered by the Company (collectively, the “Services”). Throughout this document, the terms “we,” “us,” “our”, “ours”, and “Numiru” shall refer to the Company. The terms “you,” “yourself,” “your,” and “yours” shall refer, both jointly and severally, to you, the person or entity accessing the Services, as well as any organization or entity you represent or under whose authority you are accessing the Services. These Terms are a binding agreement between you and the Company.

By accessing or using the Services, you agree to be bound by these Terms, including our Privacy Policy and any other Company policies, terms, rules, statements, and agreements referenced herein. If you are accessing the Services and accepting these Terms on behalf of any organization, government, or other entity, you represent and warrant that you have the full faith and authority to bind such party to these Terms. You further agree that access to and use of the Services is fair and valuable consideration with regards to the acceptance of these Terms.

If you are under the age of sixteen (16), are located outside of the United States, are unable to be bound to these Terms for any reason, do not agree to these Terms in whole or in part, do not understand these Terms in whole or in part, or are barred from accessing or using the Services due to the laws or regulations of your jurisdiction or for any other reason, you must cease all use and access to the Services immediately.

If you are under eighteen (18) years of age, or the age of legal majority for the jurisdiction in which you reside, you may only access or use the Services with the express permission of a parent or legal guardian. In such cases, the parent or legal guardian agrees to be bound by these Terms, to supervise all of your activities, and to be fully responsible for any acts, omissions, breaches, or other damages caused by or realized as a result of your access to or use of the Services.

At times, certain features or offerings of the Company may present additional terms specific to those features or offerings (“Supplemental Terms”). If you use or access any such features or offerings, you agree to be bound by those Supplemental Terms. In case of any conflict between these Terms and the Supplemental Terms, the relevant clauses of the Supplemental Terms shall prevail when accessing or using the feature(s) or offering(s) they relate to, and these Terms shall prevail at all other times and for all other clauses.

You are solely responsible for ensuring that you fulfill and will continue to fulfill all hardware, software, equipment, network, telecommunications, connectivity, and any and all other requirements needed to access or use the Services. Your ability to make use of the Services is not our responsibility. You are solely responsible for obtaining, procuring, purchasing, maintaining, and hosting any and all equipment or services necessary for you to access or use the Services. Your access to or use of the Services may incur charges from third-parties, including but not limited to mobile network operator data charges, mobile communications charges, internet service provider charges, metered connection charges, hotspot charges, or any other applicable charges or fees, whether known or unknown to you at the time that they are incurred. You agree that you will be solely responsible for any such charges or fees.

By using our Services, you explicitly agree that we may choose to restrict or terminate your access to the services, or restrict or remove your contents within the Services, at any time and for any reason or no reason. You acknowledge and agree that we shall not reimburse or refund you for any losses relating to such restrictions, removals, or terminations, regardless of whether they are voluntary or involuntary.

The headings of the various sections of these Terms have been added for convenience or reference purposes only and shall not be construed as part of the agreement between you and the Company. Throughout these Terms, the words “such as,” “example,” “examples,” “include,” “includes,” and “including” shall not be limiting or exclusoniary in nature, and their use shall not be construed as establishing an exhaustive list of the subject matter they pertain to.

Revisions to these Terms

These Terms may be revised from time to time. The date of publication for these Terms and any subsequent revisions is presented near the top of this document. Any revisions to these Terms will also bear an effective date, displayed below the date of publication, signifying when the revised terms are to go into effect. Any changes to these Terms will not be retroactive and will generally be effective beginning at least two weeks from the date of publication so as to allow time for your review. In certain cases, the effective date of any revised terms may be less than two weeks from the date of publication, such as if the Company must adapt its Terms to conform to any law or regulation, or if such revision is necessary to protect the ongoing interests and security of the Company or its owners, affiliates, subsidiaries, officers, directors, employees, vendors, licensors, customers, or relevant third-parties. Prior to the effective date of any revised terms, the previously effective terms shall continue to apply and have full effect. By continuing to access or use the Services after the effective date of any revised terms, you agree to be bound by those revised terms.

The most current version of these Terms will always be available at https://numiru.com/legal/terms. You agree that you will monitor the web address provided for any changes to these Terms and that the posting of any revisions to these Terms at the aforementioned web address is sufficient notice of any changes to these Terms. Notwithstanding the foregoing, the Company may, at its sole discretion, choose to notify current registered account holders through email regarding any changes to these Terms.

Intellectual Property of the Company and its Services

The Services are protected by various U.S. and international intellectual property laws. The software used to provide the Services is the property of Numiru, LLC or, in the case of any third-party software services or components, its vendors or suppliers. All such software is protected by U.S. and international copyright laws. These Terms do not grant you any right to use the Numiru name or logo, any of our other names or logos, our trademarks, our domain names, any copyrighted text or media, the distinctive design elements of the Services, any software component(s) of the Services except insofar as is necessary for access to and use of the Services in accordance with these Terms, or any intellectual property owned by third-parties which may be featured within or otherwise provided as part of the Services. All right, title, and interest in and to the Services (excluding third-party and user contents) are and will remain the exclusive property of the Company.

Company names and logos may not be used in connection with any product or service offerings that are not provided by the Company, or in any other way that is likely to cause confusion or damage to the reputation of Numiru, LLC.

Logos or names of third-parties (that is, those not belonging to Numiru, LLC) that are featured within the Services may not be intended to imply any endorsement or other affiliation between Numiru, LLC and the respective third-party. Views expressed by any third-parties or users of the Services, including those depicted through any third-party or user contents made available in or by way of the Services, do not necessarily reflect those of Numiru, LLC, its owners, affiliates, subsidiaries, officers, directors, employees, vendors, licensors, customers, or relevant third-parties.

Your Information and Content

Throughout your use of the Services, you may provide us with certain information relating to yourself or other entities you are acting on behalf of. You represent and warrant that all information you provide to us is accurate and current. You agree that all information you provide will be governed by these Terms and our Privacy Policy, which together will control how we collect, use, process, retain, transfer, and share your information.

By providing us with your information, you agree that we may collect, use, process, retain, transfer, and share such information to provide the Services and any future versions thereof, to conduct our ordinary business activities, to market or promote our Services and any future versions thereof, and for any other purposes covered within these Terms, which includes our Privacy Policy. You agree that these purposes have been disclosed to you already or are readily apparent at the point where such information is provided. Further, you agree that such purposes are compatible with the context in which your information is being collected and that no processing of your information in accordance with these Terms and our Privacy Policy shall be considered incompatible with such purposes.

The Services may allow you to provide various data, posts, submissions, comments, media (such as audio, graphics, or video files), or any other form of content, creative works, or information (collectively, “User Content”). For the avoidance of doubt, this may also include names, logos, trademarks, and service marks provided by you to the Company. Such User Content may be provided to the Services through a variety of means, such as via upload, form submission, email, telephone call, live in-person recording, or any other form of transmissal acceptable by the Services. By providing, submitting, uploading, transmitting, or sharing User Content to the Services through any means, you grant us a fully paid, non-exclusive, royalty-free, sublicensable, transferable, worldwide right and license to adapt, arrange, broadcast, communicate to the public, create derivative works of, copy, curate, display, distribute, expose, host, make available, modify, process, publicly perform, publish, modify, reproduce, run, store, transform, translate, transmit, and use such User Content in any and all media, communications systems, distribution channels, and distribution methods now existing or later developed, including through syndication via other organizations, entities, or technologies. These rights and licenses over User Content may be used by us to operate and provide the Services, to market or otherwise promote the Services, and to perform our obligations and exercise our rights under these Terms. Further, the use of such rights and licenses may extend to any future versions of the Services, including any new or revised product offerings that may not yet exist or be publicly available.

When you provide any User Content, you represent, warrant, and agree that you hold all necessary rights in the User Content to share and license such content in accordance with these Terms and the license and rights grants included above. If you do not have the authority to grant such rights and license to the User Content, do not provide, submit, upload, transmit, or share the User Content to the Services. If you are found to be infringing upon the rights of others through your User Content, we may disable, restrict access to, or otherwise terminate your account, with or without notice to you.

You irrevocably waive any moral rights that you may have in the User Content in favor of the Company, as well as any other parties to which such User Content may be distributed, shared, sublicensed, or transferred by the Company, and you represent, warrant, and agree that no other party has any moral rights to the User Content provided, uploaded, transmitted, or shared by you to the Services.

Any User Content you owned prior to it being provided, submitted, uploaded, transmitted, or shared to the Services remains yours, subject to the rights and licenses granted within these Terms. You agree that disabling or deleting your user account does not terminate any rights or licenses granted with respect to User Content. You are solely responsible for your use of the Services and for any User Content you provide.

Any feedback, comments, ideas, or suggestions that you provide to the Company is completely voluntary, and we will be free to use such feedback, comments, ideas, or suggestions in any way we see fit and without any attribution, compensation, or obligation whatsoever to you. You waive any and all rights you may have to such feedback, comments, ideas, or suggestions when you submit them to the Company.

Residents of certain jurisdictions may have rights under the laws of those jurisdictions relating to accessing, editing, or deleting their User Content or other user information, including personal information. Our websites and/or applications may provide self-service functionality for accessing, editing, or removing certain User Content or information. If you cannot or choose not to complete your request through these methods, you agree that we shall have the right to verify your identity when responding to any request involving access to, editing of, or deletion of User Content or other information, including requests relating to the disclosure of such information. For verification purposes, we may require your request to be sent via the email address registered to your account, we may require that such request be accompanied by a photo of you presenting a valid state identification card that is clearly visible and legible within the photo, and/or we may require certain other information we deem necessary, at our sole discretion, to verify your request. At our discretion, we may also make use of third-party services to collect and verify relevant identification documents from you. You agree that we may retain a record of all such requests and any information or contents they contain and that these records shall not be subject to any requests involving access, editing, or deletion.

You represent, warrant, and agree that you will only provide User Content or information that you believe is necessary for us to provide our Services, necessary for ensuring the security and integrity of the Services, or which there is otherwise a compelling legal reason to provide. If at any time you do not understand why User Content or information is being requested or provided, you may contact us for clarification. If you choose not to contact us or still do not understand why the User Content or information is being requested or provided, your options are limited. If such User Content or information is optional, do not provide it. If such User Content or information is required, cease any and all access to and use of the Services immediately, as such access and use requires fully understanding and agreeing to these Terms.

License to Our Mobile Client Applications

Some of our Services may be available through downloadable mobile client applications developed by us and published through a variety of well-known public app stores (“First-Party Mobile Apps”). For as long as you comply with our Terms and our Services continue to be made available through such First-Party Mobile Apps, we grant you a personal, worldwide, non-exclusive, non-assignable license to download, install, and run such First-Party Mobile Apps, solely for the purpose of accessing our Services in accordance with these Terms.

We retain any and all intellectual property rights that we have in and to our software and Services. Our First-Party Mobile Apps are subject to all of these Terms, and any prohibited conduct referenced within the Terms applies to our First-Party Mobile Apps as well.

User Accounts

The Services may require you to create an account in order to use, access, or participate in some or all of their functionality or product offerings. You agree that you will provide complete and accurate information on all account registration forms and will continue to keep your account information up-to-date and accurate with respect to any future changes.

You may not share your user account with others, nor allow others access to or use of your user account in any way. You are solely responsible for your user account credentials, the security of your account credentials, and for any and all actions taken using any user account registered or managed by you, whether intentional or otherwise, and whether fraudulent or otherwise. You agree that you will use a highly secure password for your account and will not use any password that you have previously provided to any other person, entity, or service provider for any reason. You agree that you will promptly notify us if you discover that your account or your account access credentials have been compromised, may have been compromised, or could plausibly be compromised in the future. If you suspect your account has been or could be compromised and are still able to access the account in question, you agree that you will immediately update your account password, will ensure the correctness of your account email address, and will take all necessary measures to ensure the continued safety and security of your email account. Your email account and its security are solely your responsibility.

You agree that any identifiers you provide in connection with your use of the Services, such as but not limited to email addresses, usernames, and nicknames, will not infringe upon the rights of any third-party, will not serve to confuse others, will not be used to engage in fraud, and will not be used for the purpose of impersonating any other individual or entity.

We reserve the right to reclaim any usernames or other platform identifiers that may be registered or recorded within Services, at our sole discretion, with or without notice to you, and for any reason at all or no reason whatsoever. We have the right, at our sole discretion, to disable or delete your account for any reason or no reason, and with or without notice to you. If your account has been completely disabled, deleted, or you have been barred from accessing it in any other way, you agree to cease all access to and use of the Services immediately.

By creating an account or otherwise providing your contact information, you agree that we may provide you with certain communications relevant to your account or the Service offerings you provided your information in connection with. You also understand and agree that some communications, such as but not limited to account alerts, order confirmations, and account recovery messages may not be opted out of.

Third-Party Materials and Terms

Our Services may include, rely on, benefit from, make use of, display either directly or indirectly, link to, or interoperate with third-party content, features, and services (collectively, “Third-Party Materials”). Third-Party Materials may include, but are not limited to, hosting and data storage services, web infrastructure services, communications technologies, third-party app store providers, mobile operators, internet service providers, domain name-related services, content distribution networks, advertising services, client and server software, web or mobile application development tools and technologies, data services and providers, and other technologies offered by third-party vendors that are incorporated into the Services or relied upon by the Services.

Third-Party Materials, though they may be outside of our control, can still impact, or be impacted by, your access to, use of, and reliance upon the Services. We will not be responsible for any Third-Party Materials in any way, even insofar as they may be defective, inoperable, or impact the effectiveness or operation of our own Services.

Thirt-party terms and conditions, privacy policies, and other legal agreements may apply when accessing Third-Party Materials. By accessing or making use of any Third-Party Materials, you agree to also be bound by the relevant terms, rules, policies, and agreements of the respective third-party or third-parties.

Third-Party Materials may be indiscernible from our own content or product offerings, though they may also at times be discernible through changes in the overall look and feel of the site, changes to the logos featured on the site, changes to the domain or subdomain names used for the respective features or content, or through notices provided relating to the terms, rules, policies, or agreements of the relevant third-party.

Additional Terms Regarding User Content and Third-Party Materials

You agree that Numiru, LLC shall have no responsibility whatsoever, both in whole or in part, for any User Content, Third-Party Materials, or any other content or materials that may be made available through our platform by parties other than us. We shall have no obligation to monitor any such content or materials. Further, we shall have the right, but not the obligation, to delete, disable, or otherwise restrict access in any way, shape, or form to any such content or materials at our sole discretion, including without notice to you or any third-party, for any reason at all or no reason whatsoever. SHOULD WE CHOOSE TO DELETE, DISABLE, OR OTHERWISE RESTRICT ACCESS TO SUCH CONTENT OR MATERIALS, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSSES OR DAMAGES CAUSED AS A RESULT OF SUCH ACTIONS TAKEN ON OUR PART. THE CONTINUED AVAILABILITY OF SUCH CONTENT OR MATERIALS IS IN NO WAY GUARANTEED AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE WHATSOEVER.

Prohibited Conduct

In addition to any other activities or uses which these Terms forbid, you agree that you will not do, or in any way cause to occur, any of the following:

We shall have no obligation to monitor or enforce the prohibited activities and/or conduct identified in this section, though we may choose to do so at our sole and absolute discretion. Any violations of our Terms and any enforcement actions we may choose to take relating to this section shall be ascertained or selected at our sole and absolute discretion. We may choose to refer certain violations of the terms in this section to certain law enforcement organizations. Our failure to enforce any of the terms provided in this section does not constitute a waiver of our right to enforce the terms for any future violations.

Purchases

To make a purchase through the Services, you are required to have a valid physical billing and shipping address that is located within the United States. Purchases may only be made for your own personal, family, or household enjoyment, or as gifts for parties you are authorized to purchase and deliver such items to. All information provided when making a purchase must be truthful and accurate, and we and our third-party vendors have the right, but not the obligation, to verify any such information. BY MAKING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT INSTRUMENTS YOU PROVIDE IN CONNECTION WITH YOUR PURCHASE, INCLUDING BUT NOT LIMITED TO ANY PAYMENT CARD(S), THIRD-PARTY PAYMENT SERVICE(S) OR ACCOUNT(S), GIFT CARD(S), OR OTHER APPLICABLE PAYMENT METHOD(S). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL SALES, USE, AND OTHER TAXES ASSOCIATED WITH YOUR PURCHASES, INCLUDING IN CASES WHERE THE COMPANY DOES NOT COLLECT SALES, USE, OR OTHER APPLICABLE TAXES, OR WHERE OUR COLLECTION OF SUCH TAXES IS NOT ADEQUATE TO COVER THE ENTIRETY OF YOUR TAX OBLIGATION.

When you provide information required to complete a purchase, you grant the Company the right to transmit any information collected to third-parties for the purpose of facilitating the transaction and/or collecting payment of any amounts due. Such information may also be collected by third-parties directly in connection with our Services. You may also be given the option to store information relating to your payment method(s) within the Services or through third-parties that we work with. By choosing to store your payment method(s) with us or our relevant third-parties, you authorize the storage of such information, as well as the use of such payment method(s) for future purchases associated with your account or the collection of any balances due.

We or our third-party vendors may participate in account update services provided by certain financial institutions such as, but not limited to, banks and payment card providers. If we or our third-party vendors participate in such a program with a financial institution affiliated with your payment method(s), we or our third-party vendors may, but are not obligated to, use such account update services to automatically update the information associated with your payment method(s).

WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDER AT ANY TIME AND FOR ANY REASON OR NO REASON WHATSOEVER. WE MAY REFUSE OR CANCEL ANY ORDER EVEN AFTER THE RECEIPT BY YOU OF ANY ORDER CONFIRMATION OR ACKNOWLEDGMENT EMAIL(S) OR SIMILAR COMMUNICATION(S). WE RESERVE THE RIGHT TO LIMIT QUANTITIES OF ANY ITEMS PURCHASED, AT OUR SOLE DISCRETION, USING ANY INFORMATION OR CRITERIA WE SEE FIT. FOR PURCHASES OF PHYSICAL ITEMS, THE RISK OF LOSS AND TITLE PASSES TO THE BUYER UPON DELIVERY OF THE PURCHASED GOODS TO THE CARRIER. ANY FEES OR OTHER CHARGES ASSOCIATED WITH A DECLINED PAYMENT SHALL BE THE RESPONSIBILITY OF THE PURCHASER.

PRODUCT PRICING, INFORMATION, AND AVAILABILITY MAY CHANGE AT ANY TIME. SOME PRODUCTS OFFERED FOR PURCHASE MAY DEVIATE FROM THE PICTURES AND DESCRIPTIONS PROVIDED WITH RESPECT TO DESIGN, PACKAGING, CONTENTS, WEIGHT, DIMENSIONS, OR ANY OTHER FEATURE DUE TO INACCURACIES, ERRORS, AND NORMAL PRODUCT UPDATES BY THE MANUFACTURERS. NUMIRU, LLC WILL NOT BE RESPONSIBLE FOR ANY CHANGES TO THE PRODUCTS OFFERED OR THEIR AVAILABILITY (OR LACK THEREOF) FOR PURCHASE. PRODUCTS MAY BE OVERSOLD, WE MAY RECEIVE LESS OF A PRODUCT THAN WAS ORDERED, PRODUCTS MAY ARRIVE DAMAGED, OR THE NUMBER OF PRODUCTS AVAILABLE MAY NOT BE SUITABLE TO MEET THE QUANTITIES ORDERED FOR ANY OTHER REASON. ITEMS LISTED FOR PURCHASE MAY CONTAIN PRICING MISTAKES WHICH WE ARE ENTITLED, BUT NOT OBLIGATED, TO CORRECT.

EXCEPT FOR ISSUING A REFUND FOR ANY ORDER CANCELLATIONS FOR PRODUCTS WHICH HAVE ALREADY BEEN PAID FOR, NUMIRU, LLC WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES OF ANY KIND RELATING TO PRODUCTS PURCHASED THAT WE ARE SUBSEQUENTLY UNABLE TO FULFILL OR THAT WE CHOOSE TO CANCEL DUE TO PRICING MISTAKES OR FOR ANY OTHER REASON. YOU WILL NOT BE ENTITLED TO BONUS CREDITS, REWARDS, OR ANY OTHER BENEFITS, COMPENSATION, OR REMUNERATION OF ANY SORT AS A RESULT OF ANY CANCELLATIONS, PRODUCT DISCREPANCIES, PRICE MISTAKES, OR OTHER ISSUES OF ANY KIND RELATING TO YOUR PURCHASES.

IF YOU PROVIDE A RECIPIENT NAME AND/OR SHIPPING ADDRESS THAT IS ASSOCIATED WITH A PARTY OTHER THAN YOURSELF, YOU AGREE, REPRESENT, AND WARRANT THAT YOU HAVE SUCH PARTY'S EXPRESS CONSENT TO USE THEIR INFORMATION FOR YOUR PURCHASE, THAT YOU HAVE THE AUTHORITY TO BIND SUCH PARTY TO THESE TERMS, THAT YOU HAVE THE AUTHORITY TO GRANT THE RIGHTS AND LICENSES NECESSITATED BY THESE TERMS, AND THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY CLAIMS, DAMAGES, OR OTHER ISSUES THAT MAY ARISE AS A RESULT OF THE UNAUTHORIZED USE OF ANOTHER PARTY'S NAME OR SHIPPING ADDRESS.

Product Ratings

Certain products sold through the Services may have third-party content ratings associated with them that we choose to display within or through the Services. The Company is not responsible for the appropriateness of any products sold, including whether or not the products will be suitable for any particular age group, may be seen as offensive, may contain contents that are objectionable, or may otherwise fail to satisfy any criteria of acceptability determined by the consumer or any other entity.

In displaying third-party ratings, we are not suggesting our acceptance, agreement to, or endorsement of those ratings, we are simply passing such information along without providing any guidance, advisement, or recommendations of our own. Notwithstanding the foregoing, by purchasing any products rated for a particular age group, you certify that you are at least the minimum age that the product has been rated for. Further, by purchasing any item with manufacturer suggested age ratings, you certify that you are at least the minimum age that the manufacturer suggests. Your purchases and the research you put into your purchases are your responsibility alone. Parent(s) or other legal guardian(s) are solely responsible for determining the suitability of any product for use by a child.

Virtual Goods

The Services may provide functionality for the purchase of Virtual Money and/or Virtual Goods (collectively, “Virtual Contents”). Virtual Contents may only be purchased for your personal, non-commercial use. By purchasing any Virtual Contents, you understand and agree that such Virtual Contents do not possess any real world value, shall not serve as or reflect any stored real world value, shall not be exchangable or redeemable for any real world money or assets, shall not be exchangable or redeemable for any real world services, shall hold no monetary value whatsoever, do not constitute property or currency of any kind, are not insured against any losses, and shall not be encumbered in part or in whole by any mortgage, pledge, lien, granting of a security interest, or otherwise.

You agree that you shall not acquire any ownership or other rights in or to the Virtual Contents. All of your agreements in this section shall stand regardless of whether any Virtual Contents cost real money to obtain, are referred to as “money” or “currency” within the Services, or if any real world market develops as a result of such Virtual Contents existing. You agree that you shall have no right to sell or transfer Virtual Contents and that no guarantees are made as to the availability, longevity, or proper functioning of the Virtual Contents. You agree that you shall not be eligible to receive any refunds for any Virtual Contents purchased, even in the event that such Virtual Contents are discontinued or made unavailable for any other reason. Virtual Contents may only be used and obtained within the Services and solely through the methods we make available.

YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO ANY LOSSES, DAMAGES, OR CLAIMS OF ANY KIND RELATING TO VIRTUAL CONTENTS. WE HAVE THE RIGHT TO OFFER, ADJUST, OR TERMINATE VIRTUAL CONTENTS AT ANY TIME, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU.

Returns and Exchanges

All sales are final and purchases are not eligible for return, refund, exchange, or any sort of adjustments. Any returns, refunds, exchanges, or adjustments that the Company may voluntarily choose to provide shall be at the Company's sole and absolute discretion. In such cases where the Company does choose to accept a return, the Company does not take title to the returned items until such a time as they arrive at the facility you are instructed to return them to. Except in the case of defective products, you will be responsible for all shipping costs required to return the item(s) to us. The Company may disable or otherwise restrict your account, with or without notice, if it determines, at its sole and absolute discretion, that your returns are excessive, fraudulent, or no longer conducive to our business purposes in any other way.

Export and Customs Policy

Goods sold or licensed through the Services, as well as any software or other technologies purchased or downloaded in connection with the Services, are subject to customs and export control laws and regulations of the United States of America and may be subject to customs and export control laws and regulations of the country of manufacture or origination and/or the country in which such items are purchased or received. You are solely responsible for understanding and abiding by the laws and regulations that apply to your purchase. You agree, represent, and warrant that you will comply with all customs laws and export and re-export restrictions of the United States of America and any other restrictions that may apply to goods, software, technology, and services within your jurisdiction. You are solely responsible for any customs duties or fees associated with your purchase.

DMCA Notices and Procedures

In exchange for their cooperation with copyright owners, 17 U.S.C. § 512 provides limitations on liability for certain online service providers with respect to acts of copyright infringement on the part of their users. Our designated agent has been registered with the U.S. Copyright Office, whose directory service is available online at https://www.copyright.gov/dmca-directory/.

We take any claims of intellectual property rights violations seriously. It is our policy to respond to any claims of infringement on the part of our users pertaining to intellectual property rights, including those relating to copyrighted materials, trademarks, and service marks. If you believe that your copyrighted or otherwise protected contents or materials have been used on the Services by a user of ours without your permission and in a manner that is infringing upon your rights, you can send a DMCA notice to the below address:

NUMIRU, LLC
ATTN: COPYRIGHT MANAGER
1032 E BRANDON BLVD #1250
BRANDON, FL 33511
UNITED STATES

All DMCA notices must include, at minimum (i) a detailed description of the allegedly infringing content or materials; (ii) a detailed description of the location at which the allegedly infringing content or materials appear; (iii) your contact information, including your name, address, telephone number, and email address; (iv) a statement asserting a good faith belief that the use of the content or materials is not authorized by you as the copyright owner, the owner's agent, or the law; (v) a statement under penalty of perjury that all information in your notice is accurate and that you are either the copyright owner or are authorized to act on their behalf; and (vi) an original signature of either the copyright owner or an agent authorized to assert infringement and submit claims on behalf of the copyright owner.

Upon receiving a compliant DMCA notice, we will disable or otherwise restrict access to any allegedly infringing User Content within 14 business days of such receipt. The party responsible for submitting the User Content will be notified, either within the platform or through email (at our discretion), and may provide us with a counter-notice within 30 days if they object to the original complaint, which we will provide to you via one of the contact methods provided in your DMCA notice.

A valid counter-notice for a DMCA claim must include, at minimum (i) indetification of the content or materials that were disabled or restricted, including the location(s) at which the materials appeared prior to such act; (ii) the contact information, including name, address, telephone number, and email address for the party submitting the counter-notice; (iii) a statement, under penalty of perjury, asserting a good faith belief that the material was disabled or restricted as a result of a mistake or misidentification; and (iv) an original signature of the party submitting the counter-notice.

Upon receiving a compliant counter-notice, we may restore access to the disabled or restricted materials after no less than ten (10) and no more than fourteen (14) busness days, unless the original sender of the DMCA notice notifies us that they have filed a court order against the allegedly infringing user.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Numiru, LLC and (as applicable) its owners, affiliates, subsidiaries, officers, directors, agents, employees, co-branders, partners, licensors, and vendors, as well as their respective successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, expenses, or costs, including without limitation reasonable attorneys' fees (collectively, “Claims”) due to or arising out of (a) your access to or use of the Services, (b) your User Content and any consequences arising as a result of the Indemnied Parties exercising any rights or licenses granted to your User Content, (c) your violation of these Terms or any other documents that have been incorporated by reference, (d) any violation of these Terms or other consequences that may arise from the use of your user account, whether permitted by you or otherwise, (e) your violating the law or infringing upon the rights of any third party, or (f) your conduct when accessing or using the Services.

You agree to promptly notify Numiru, LLC regarding any third-party Claims, to cooperate with any Indemnified Parties in the defense of any Claims, and to pay any and all fees, costs, expenses, judgments, or settlements associated with or arising as a result of such Claims, including without limitation any attorney's fees or other costs occurred as a result of researching, processing, overseeing, defending, or settling any Claims. You agree that the Indemnified Parties shall have the right, but not the obligation, to assume the exclusive defense of any such Claims, including the settlement of any such Claims as the Indemnified Parties see fit. In such events, you agree that you shall still be fully responsible for any and all losses, liabilities, damages, expenses, costs, or fees incurred as a result of the Indemnified Parties defending or settling any Claims.

Disclaimer and Limitation of Liability

YOUR USE OF OUR PRODUCTS, SERVICES, CONTENT, VIRTUAL GOODS, DATA, OR OTHER MATERIALS (COLLECTIVELY, “PRODUCTS AND SERVICES”) IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUMIRU, LLC AND (AS APPLICABLE) ITS OWNERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CO-BRANDERS, PARTNERS, LICENSORS, AND VENDORS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DISCLAIMING PARTIES”) WITHOUT LIMITING THE FOREGOING, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR TITLE. THE DISCLAIMING PARTIES DO NOT REPRESENT NOR WARRANT (A) THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS; (B) THAT ANY RESULTS, CONTENT, OR INFORMATION THAT ARE RECEIVED FROM OR OBTAINED THROUGH THE PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE; (C) THAT THE QUALITY OF ANY PRODUCTS AND SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS; (D) THAT ANY ERRORS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED; (E) THAT THE PRODUCTS AND SERVICES WILL BE OR REMAIN AVAILABLE, ACCURATE, COMPLETE, RELIABLE, OR SECURE; (F) THAT YOUR ACCESS TO OR USE OF PRODUCTS AND SERVICES WILL NOT CAUSE HARM TO YOUR COMPUTING EQUIPMENT OR ANY OTHER PROPERTY OWNED BY YOU OR INVOLVED IN THE ACCESS OR USE OF THE PRODUCTS AND SERVICES; (G) THAT THE PRODUCTS AND SERVICES WILL BE SAFE OR SUFFICIENT FOR YOUR USE; AND (H) THAT YOU WILL NOT INCUR ANY DATA OR CONTENT LOSS THROUGH YOUR ACCESS TO OR USE OF THE PRODUCTS AND SERVICES (COLLECTIVELY, THE “DISCLAIMED ITEMS”). YOU AGREE THAT THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY AND ALL DISCLAIMED ITEMS, AND THAT NOTHING SAID, WRITTEN, OR IMPLIED BY THE DISCLAIMING PARTIES OR WITHIN THE SERVICES WILL CREATE ANY WARRANTY OR REPRESENTATION THAT IS NOT EXPRESSLY MADE WITHIN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMING PARTIES SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, WARRANTY, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, EMOTIONAL DISTRESS, OR ANY OTHER LOSSES OR DAMAGES, EACH WHETHER INCURRED DIRECTLY OR INDIRECTLY AND WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF THE DISCLAIMING PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POTENTIAL FOR SUCH LOSSES OR DAMAGES, ARISING OUT OF OR RESULTING FROM (A) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS, OR INABILITY TO MAKE USE OF THE PRODUCTS AND SERVICES; (B) THE CONTENT AND CONDUCT OF ANY USERS OF THE PRODUCTS AND SERVICES, BOTH ONLINE AND OFFLINE; (C) EXPOSURE TO ANY OFFENSIVE OR OTHERWISE UNDESIRABLE CONTENT OR MATERIALS; (D) ANY CONTENT, INFORMATION, OR OTHER MATERIALS RECEIVED THROUGH OR BY WAY OF THE PRODUCTS AND SERVICES; (D) ANY UNAUTHORIZED USE OF THE PRODUCTS AND SERVICES; (E) ANY UNAUTHORIZED OR FRAUDULENT USE OF YOUR USER ACCOUNT; (F) ANY ACTIONS OR BEHAVIORS OF THIRD-PARTIES OR USERS OF THE PRODUCTS AND SERVICES, INCLUDING THOSE AUTHORIZED TO ACT ON THEIR BEHALF; (G) ANY MALICIOUS CODE, VIRUSES, OR OTHER HARMFUL CONTENTS RUNNING WITHIN THE PRODUCTS AND SERVICES OR DELIVERED THROUGH OR BY WAY OF THE PRODUCTS AND SERVICES; (H) ANY VIEWS, CONTENT, OR OTHER MATERIALS MADE AVAILABLE THROUGH LINKS OR OTHER THIRD-PARTY WIDGETS OR CONTENT DISPLAYED OR CONTAINED WITHIN THE PRODUCTS AND SERVICES; (I) BUYER'S REMORSE OR ANY OTHER FORM OF REGRET OR DISTRESS CAUSED BY YOUR ACCESS TO, USE, OR PURCHASE OF ANY PRODUCTS AND SERVICES; (J) ACTIONS TAKEN BY ANY THIRD-PARTIES IN PROVIDING OR DELIVERING THE PRODUCTS AND SERVICES; (K) THE ACTIONS OR PERFORMANCES OF ANY SUBCONTRACTORS OR THIRD-PARTY SERVICES WHICH WE MAY RELY ON TO PROVIDE OUR PRODUCTS AND SERVICES; (L) ANY INTERRUPTIONS, OUTAGES, ERRORS, OR MALFUNCTIONS OF THE PRODUCTS AND SERVICES; (M) ANY INTERRUPTIONS, OUTAGES, ERRORS, MALFUNCTIONS, OR FAILURES TO DELIVER ON THE PART OF OUR SUPPLIERS, VENDORS, OR LICENSORS; (N) ANY FORCE MAJEURE EVENTS OR CONSEQUENCES THEREOF; (O) ANY DEFICIENCIES IN THE QUALITY OR SUITABILITY OF THE PRODUCTS AND SERVICES, WHETHER FOR YOUR DIRECT USE OR OTHERWISE; OR (P) ANY INCORRECT USE, MISUSE, OR UNSUITABLE USE OF THE PRODUCTS AND SERVICES BY OUR USERS OR ANY OTHER THIRD-PARTIES OR AUTOMATED TECHNOLOGIES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DISCLAIMING PARTIES EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50 USD) OR THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR THE PRODUCTS AND SERVICES WHICH HAVE GIVEN RISE TO YOUR CLAIM (IF ANY). IF THE LAWS OF YOUR JURISDICTION EXCLUDE OR OTHERWISE PLACE RESTRICTIONS UPON ANY OF THE LIMITATIONS CONTAINED IN THIS PARAGRAPH, THEN THOSE LIMITATIONS SHALL BE EXCLUDED OR REDUCED TO THE MINIMUM EXTENT REQUIRED TO COMPLY WITH APPLICABLE LAW.

DATA TRANSMISSIONS OVER THE INTERNET ARE INHERENTLY INSECURE. YOUR DATA MAY BE TRANSMITTED OVER INSECURE NETWORKS OR MAY OTHERWISE BE VULNERABLE TO MALICIOUS ATTACK, EXTERNAL MONITORING, OR COMPROMISE. OUR TRANSMISSION OF YOUR DATA, YOUR TRANSMISSION OF DATA TO US, AND YOUR USE OF THE PRODUCTS AND SERVICES IN GENERAL IS ENTIRELY AT YOUR OWN RISK.

IF YOU ARE DISSATISFIED WITH THE PRODUCTS AND SERVICES OR ANY OTHER CONTENT OR RESOURCES MADE AVAILABLE WITHIN OR THROUGH THE PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE PRODUCTS AND SERVICES AND RELATED CONTENT AND RESOURCES.

THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTY, AND OTHER DAMAGE EXCLUSIONS CONTAINED WITHIN THESE TERMS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE DISCLAIMING PARTIES. ANY LIMITATIONS IN THIS SECTION SHALL APPLY EVEN INSOFAR AS ANY LIMITED REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE(S).

Release

To the maximum extent permitted by law, you hereby release Numiru, LLC and (as applicable) its owners, affiliates, subsidiaries, officers, directors, agents, employees, co-branders, partners, licensors, and vendors, as well as their respective successors and assigns (collectively, the “Released Parties”) from any and all liability, responsibility, claims, demands, and/or damages, whether actual or consequential, whether direct or indirect, whether caused by negligence or otherwise, whether known or unknown, and of every kind and nature whatsoever, arising out of or relating to disputes between users and the acts or omissions of any third-parties.

If you reside within California, you hereby waive your rights under California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

United Nations Convention

The United Nations Convention on Contracts for the International Sale of Goods shall not govern this agreement and shall have no force and effect with respect to any transactions contemplated and/or set forth herein.

Force Majeure

No failure, delay, or default on the part of the Company in the performance of any of its obligations under these Terms will constitute a default, violation, or breach of this agreement in any way if such event is caused by circumstances outside of the reasonable control of the Company, including but not limited to the action or inaction of any government, civil, or military authority; the occurence of any natural or man-made disaster; any act of war, riot, or violence; logistical delays caused by external factors; strikes, lockouts, or acts of civil disobedience; the failure or disruption of any essential services, infrastructure, or utilities which impacts the Company; a run on a bank or similar cause for financial instability that is outside of the control of the Company but which impacts its operations nonetheless; any public health order which may impact the Company; interruptions in the delivery of any products from vendors or any interruptions that may occur during delivery to the consumer; the failure or disruption of any communications system upon which the Company relies, including through cyber attacks; or the occurrence of any plague or other biological event which may impact the Company.

Entire Agreement

These Terms of Service and all other policies, terms, rules, statements, and agreements expressly referenced herein constitute the entire agreement between you and Numiru, LLC with respect to your use of our Services, and supersede all other prior agreements, understandings, inducements, and conditions, whether oral or written, and whether express or implied, between you and Numiru, LLC with respect to the subject matter hereof.

Severability

In the event that any provision of these Terms is held to be invalid or unenforceable for any reason, then that provision will be limited or eliminated to the minimum extent necessary to comply with the law, and the remaining provisions of these Terms will remain in full force and effect.

Enforcement

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall it in any way limit our ability to enforce such right or provision in the future.

Damages Not an Adequate Remedy

Without prejudice to any and all other rights or remedies that the Company may have, you acknowledge and agree that any breach of these Terms by you is expressly forbidden and may result in a situation where damages alone are an insufficient remedy. Under such circumstances, you acknowledge and agree that the Company shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any actual or threatened breach of these Terms.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the State of Florida, without giving effect to any choice or conflict of law rules or provisions.

Any claims or disputes between you and the Company shall be resolved exclusively through federal or state courts located in the state of Florida, and you and the Company consent to personal jurisdiction in those courts.

Transfers and Assignments

The Company reserves the right to transfer or assign any or all of its rights or obligations under these Terms to another party of its choosing. Your rights and obligations under these Terms cannot be transferred or assigned in any way without the express written permission of the Company.

Contact Information

To contact Numiru, LLC, we encourage you to use any contact functionality presented within the Services to expedite your inquiry. The physical mailing address for Numiru, LLC is provided below. Note, however, that we may not be able to respond to every inquiry received at the below mailing address, we make no promises with respect to turnaround times if we do choose to respond, and we are not under any obligation to open or review any mailings received, except as required by law, such as for official service of process.

These Terms, including the terms listed under the heading “Your Information and Content,” apply to any and all mail sent to Numiru, LLC, whether physical or electronic in nature.

Mailing address:

NUMIRU, LLC
1032 E BRANDON BLVD #1250
BRANDON, FL 33511
UNITED STATES

Email address:

support@numiru.com