TERMS OF USE
SECTION 1 – ACCEPTANCE OF THE TERMS AND CONDITIONS
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE, REGISTER WITH
THIS WEBSITE.
By agreeing to these Terms of Service, you represent that you
are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to
allow any of your minor dependents to use this site.
SECTION 2 – MODIFICATIONS TO THIS AGREEMENT
Any new features or tools which are added to the current store
shall also be subject to the 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 to update, change or replace any
part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes
acceptance of those changes.
SECTION 3 – GENERAL CONDITIONS
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through
which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
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 in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including
without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service
or on any related website, should be taken to indicate that all
information in the Service or on any related website has been
modified or updated. You agree that it is your responsibility to
monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension, or discontinuance of the
Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according
to our Return Policy.
We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products
or product pricing are subject to change at any time without
notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will
be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase
and account information for all purchases made at our store.
SECTION 8 - THIRD-PARTY LINKS, PRODUCTS, CONTENT AND SERVICES
Certain content, products, and services available via our
Service may include materials from third parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the
third-party.
SECTION 9 – PRIVACY & SECURITY
Your submission of personal information through the store is
governed by our
Privacy
Policy. By visiting
this website, registering with this website, or purchasing
products or services through this website you agree with and
consent to our Privacy Policy.
SECTION 10 – AGE OF USER
If you are under 18, you may use Niyae.com website only with the
involvement of a parent or guardian.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g)
to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate
your use of the Service or any related website for violating any
of the prohibited uses.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright
laws).
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our
service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) 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.
In no case shall Niyae, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or
any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim
related in any way to your use of the service 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 service or any content (or product) posted,
transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Niyae and our
parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
SECTION 15 - 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 portion 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 16 – TERMINATION OF USAGE
Niyae shall have the right at any time, with or without cause,
and with or without notice to you to cancel any order, terminate
your right to use or access this site or terminate or suspend
your right to purchase any product or service through the use of
this website.
SECTION 17 - 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
constitutes 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 18 - 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 laws of 26200 Ford Rd #53, Dearborn Heights,
MI, 48127, United States.
You can review the most current version of the Terms of Service
at any time at 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. Your continued use of or
access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
contact@niyae.com or by mail to:
Niyae
26200 Ford Rd #53
Dearborn Heights, MI 48127
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- NIYAE.COM
- 26200 FORD ROAD #53
- DEARBORN HEIGHTS
- MI 48127