Términos del servicio

TERMS OF SERVICE OVERVIEW Welcome to nourvara! The terms “we”, “us” and “our” refer to nourvara. nourvara manages this store and website, including all information, content, features, tools, products, and related services to offer you, the customer, a curated shopping experience (the “Services”). nourvara is powered by Shopify technology, which allows us to provide the Services to you. The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimers, and limitation of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services. SECTION 1 - ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on the devices you own, purchase, or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person. SECTION 2 - OUR PRODUCTS We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colors or appearance of the product may differ from how they are displayed on your screen due to the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, individually. SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. nourvara reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until nourvara confirms its acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before making a purchase, as nourvara may not be able to handle cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting you via the email, billing address, or phone number provided at the time the order was made. You may return or exchange your purchase only in accordance with our refund policy. You represent and warrant that your purchase is for your personal or household use and not for commercial resale or export. SECTION 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges. Prices published in our online stores may differ from prices offered in a physical store or other online stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing strategies and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred by you will be accepted by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling fees and all applicable taxes, if any. SECTION 5 - SHIPPING AND DELIVERY We are not responsible for any delay in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the transport company, customs procedures, or events beyond our control. Once we transfer products to the transport company, title and risk of loss transfer to you. SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audios, and the design, selection, and arrangement thereof, are the property of nourvara, its affiliate, or licensor and are protected by US and foreign patents, copyrights, and other intellectual property laws. These Terms permit you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of nourvara, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by nourvara. The names, logos, product and service names, designs, and slogans of nourvara are trademarks of nourvara or its affiliate or licensor. You must not use such trademark without the prior written permission of nourvara. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners. SECTION 7 - OPTIONAL TOOLS You may be provided with access to client tools offered by third parties as part of the Services, which we do not monitor or have any control or input over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features shall also be deemed part of the Services and subject to these Terms of Service. SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk. We will not be responsible for any damage or harm related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party. SECTION 9 - RELATIONSHIP WITH SHOPIFY nourvara operates using Shopify technology, which allows us to provide the Services to you. However, any sale or purchase you make in our store is made directly with nourvara. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and nourvara, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchase and transaction with nourvara. SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to offer and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, for the purpose of offering you the services. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information. SECTION 11 - COMMENTS If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively called “comment”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such comment in any media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights in accordance with the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentives received in connection with sending your comment; and (iii) your comment complies with these Terms. We have and shall have no obligation (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment. We may, but have no obligation to, monitor, edit, or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service. You agree that your comment will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Furthermore, you agree that your comment will not contain defamatory or otherwise unlawful, abusive, or obscene comments, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as how to the origin of any comment. You are solely responsible for any comment you make and its accuracy. We assume no responsibility for any comment posted by you or any third party. SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have placed your order). SECTION 13 - PROHIBITED USES You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm nourvara, Shopify, or users of the Services, or expose them to any type of liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data collection and extraction tools, automatic devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or elude security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. SECTION 14 - AGENTS 14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or by instruction of any person or entity and that can run on behalf of or using the person's device, without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. 14.3 We may limit, including by applying technical measures, the access, use, and interaction of any Agent with the Services and how it does so. 14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not hide or create confusion that any access, use, or interaction comes from an Agent, such as (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use, (iii) respond truthfully to any question or instruction that seeks to determine whether interactions come from a human or a computer, (iv) not bypass or otherwise elude any measure designed to block, limit, modify, or control whether and how Agents access, use, or interact with the Services. SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Content. UNLESS EXPRESSLY STATED OTHERWISE BY NOURVARA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOURVARA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COST, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT ACQUIRED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless nourvara, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services. We will notify you of any indemnifiable claim, provided that failure to notify promptly does not relieve you of your obligations unless you suffer material damage. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including providing relevant documents. SECTION 19 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 20 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you. SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where nourvara is based. You and nourvara consent to the personal jurisdiction and venue of such courts. SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 24 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to support@neurolivia.com. Our contact information is listed below: support@neurolivia.com