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NAR GOURMET

TERMS OF USE

 

Thank you for shopping at Nar Gourmet. This site, including its subpages, located at http://us.nargourmet.com (the "Site") is operated by Nar Gourmet Inc. ("Nar Gourmet" or "we", "us", "our" and similar references) and is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide our services to you.  BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. 

1. Use of the Site. These Terms of Use apply  to all users of the Site, including without limitation users who are browsers, visitors, vendors, customers, merchants, and/ or contributors of content. You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy") (available at http://us.nargourmet.com/pages/privacy-policy ). By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence.  You must be at least 18 to make a purchase through our Site. A breach or violation of any of the Terms of Use, including the Privacy Policy, will result in our right to immediately terminate your access to this Site.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nar Gourmet or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Nar Gourmet; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail. 

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. 

2. Accuracy of Content; Limitations on Quantity. The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate any product or service at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our Return Policy.  

3. Transactions.  If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Nar Gourmet the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Risk of Loss; Returns.  All items purchased from Nar Gourmet or through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  Returns and exchanges are made pursuant to our Return Policy.

5. Posting Content. The Site may provide you with the ability to to post messages, comments or reviews on the Site. You may be required to register with us and create an account in order to post any material.  Any information you provide to us is governed by our Privacy Policy.  You are solely responsible for your account, password, text, information, opinions, ideas and any other content (“User Content”) you post, upload, submit, publish or display (“post”) on or through the Site.  Any User Content that is posted will not be treated as confidential.  Nar Gourmet has the right but not the obligation to monitor and decline, edit or remove (without notice) all or any portion of any User Content for any reason or no reason. If Nar Gourmet chooses at any time, in its sole discretion, to monitor User Content, it still has no responsibility for the User Content or to edit or remove any User Content. 

When you post any User Content for inclusion on any part of the Site, you automatically grant to Nar Gourmet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute your User Content  for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for Nar Gourmet’s (and its successors' and affiliates') business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  You represent and warrant that you will not provide any User Content to which you do not have the full right to grant the license specified in this Section. You waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Nar Gourmet that Nar Gourmet is free to exercise its rights to and/or implement your User Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

You agree not to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Nar Gourmet, its parent, subsidiaries or affiliates; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. 

UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY USER CONTENT TO NAR GOURMET BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY USER CONTENT TO OR THROUGH NAR GOURMET, YOU REPRESENT AND WARRANT THAT ALL YOUR USER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO USER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USER CONTENT. YOU REPRESENT AND WARRANT TO NAR GOURMET THAT NAR GOURMET IS FREE TO USE THE USER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NAR GOURMET, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.

6. Proprietary Rights. Excluding User Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons and page headers) available on the Site are the property of Nar Gourmet and/or its affiliates, subsidiaries or licensors and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Nar Gourmet’s reference to, or any reference on the Site to, any products, services or other information by trade name, trademark, manufacturer or otherwise does not constitute or imply endorsement, sponsorship, recommendation or any affiliation. All trademarks not owned by Nar Gourmet that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors. 

7. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of or products on the Site, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site, the latter terms shall control with respect to your use of that portion of the Site or your purchase of such products. 

8. Links to Third-Party Web Sites; No Implied Endorsements. This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. 

9. Indemnification. By using this Site, you agree to indemnify, hold harmless and defend Nar Gourmet, its parent, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates (collectively, the "Indemnitees") from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; (iii) your violation of any law or the rights of a third party; or (iv) your User Content. You agree to cooperate as fully as reasonably required in the defense of any claim. Nar Gourmet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Indemnitees. 

10. Disclaimers. Nar Gourmet is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract or strict liability) arising out of or related to any User Content, or to any act or omission by by Nar Gourmet or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Nar Gourmet.

Nar Gourmet assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any User Content. Nar Gourmet is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or to any person's computer related to or resulting from participation on or through the Site. 

THE SITE, ITS CONTENT, THE PRODUCTS SOLD THROUGH THE SITE AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND "AS IS" BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAR GOURMET DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

SPECIFICALLY, BUT WITHOUT LIMITATION, NAR GOURMET DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NAR GOURMET DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL.

11. Limitation of Liability. IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR PRODUCTS THROUGH THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, ANY PRODUCT PURCHASED THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE OR STORED OR MAINTAINED BY NAR GOURMET, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF NAR GOURMET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  

IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR PRODUCTS THROUGH THIS SITE BE LIABLE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, INCLUDING ANY PURCHASES MADE THROUGH THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NAR GOURMET IN CONNECTION WITH THE APPLICABLE SERVICE OR PRODUCT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF NAR GOURMET. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

12. International Use. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

13. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination. 

14. Copyright Infringement; Notice and Take Down Procedures. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (c) provide information sufficient to contact the copyright owner directly: name, street address, telephone number and email if available,  (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent, Nar Gourmet, customerservice@nargourmet.com

15. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to customerservice@nargourmet.com. You may also contact us by writing to Nar Gourmet, 349 5th Avenue, Suite#617, New York, NY 10016 or by calling us at (917) 336 0818. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and Nar Gourmet or its parent, subsidiaries, divisions or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in New York City, NY.  You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Nar Gourmet, its parent, subsidiaries, divisions or affiliates or their respective officers, directors, employees, agents or successors under or related to these Terms of Use. We shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE UNLESS THE RECOVERY IS THE RESULT OF A FRIVOLOUS ACTION.

ANY CLAIM OR CAUSE OF ACTION YOU HAVE WITH RESPECT TO USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. 

17. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Nar Gourmet with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Nar Gourmet with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Nar Gourmet to act with respect to a breach by you or others does not waive Nar Gourmet's right to act with respect to subsequent or similar breaches. Nar Gourmet's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nar Gourmet without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. 

Contact:

Nar Gourmet Inc.

349 5th Avenue

Suite#617

New York, NY 10016

 

Last Updated and Effective as of: June 20, 2014

© 2014 Nar Gourmet Inc. All rights reserved. 

NAR GOURMET

TERMS OF USE

 

Thank you for shopping at Nar Gourmet. This site, including its subpages, located at http://us.nargourmet.com (the "Site") is operated by Nar Gourmet Inc. ("Nar Gourmet" or "we", "us", "our" and similar references) and is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide our services to you.  BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. 

1. Use of the Site. These Terms of Use apply  to all users of the Site, including without limitation users who are browsers, visitors, vendors, customers, merchants, and/ or contributors of content. You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy") (available at http://us.nargourmet.com/pages/privacy-policy ). By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence.  You must be at least 18 to make a purchase through our Site. A breach or violation of any of the Terms of Use, including the Privacy Policy, will result in our right to immediately terminate your access to this Site.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nar Gourmet or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Nar Gourmet; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail. 

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. 

2. Accuracy of Content; Limitations on Quantity. The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate any product or service at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our Return Policy.  

3. Transactions.  If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Nar Gourmet the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Risk of Loss; Returns.  All items purchased from Nar Gourmet or through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  Returns and exchanges are made pursuant to our Return Policy.

5. Posting Content. The Site may provide you with the ability to to post messages, comments or reviews on the Site. You may be required to register with us and create an account in order to post any material.  Any information you provide to us is governed by our Privacy Policy.  You are solely responsible for your account, password, text, information, opinions, ideas and any other content (“User Content”) you post, upload, submit, publish or display (“post”) on or through the Site.  Any User Content that is posted will not be treated as confidential.  Nar Gourmet has the right but not the obligation to monitor and decline, edit or remove (without notice) all or any portion of any User Content for any reason or no reason. If Nar Gourmet chooses at any time, in its sole discretion, to monitor User Content, it still has no responsibility for the User Content or to edit or remove any User Content. 

When you post any User Content for inclusion on any part of the Site, you automatically grant to Nar Gourmet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute your User Content  for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for Nar Gourmet’s (and its successors' and affiliates') business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  You represent and warrant that you will not provide any User Content to which you do not have the full right to grant the license specified in this Section. You waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Nar Gourmet that Nar Gourmet is free to exercise its rights to and/or implement your User Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

You agree not to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Nar Gourmet, its parent, subsidiaries or affiliates; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. 

UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY USER CONTENT TO NAR GOURMET BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY USER CONTENT TO OR THROUGH NAR GOURMET, YOU REPRESENT AND WARRANT THAT ALL YOUR USER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO USER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USER CONTENT. YOU REPRESENT AND WARRANT TO NAR GOURMET THAT NAR GOURMET IS FREE TO USE THE USER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY NAR GOURMET, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.

6. Proprietary Rights. Excluding User Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons and page headers) available on the Site are the property of Nar Gourmet and/or its affiliates, subsidiaries or licensors and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Nar Gourmet’s reference to, or any reference on the Site to, any products, services or other information by trade name, trademark, manufacturer or otherwise does not constitute or imply endorsement, sponsorship, recommendation or any affiliation. All trademarks not owned by Nar Gourmet that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors. 

7. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of or products on the Site, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site, the latter terms shall control with respect to your use of that portion of the Site or your purchase of such products. 

8. Links to Third-Party Web Sites; No Implied Endorsements. This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. 

9. Indemnification. By using this Site, you agree to indemnify, hold harmless and defend Nar Gourmet, its parent, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates (collectively, the "Indemnitees") from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; (iii) your violation of any law or the rights of a third party; or (iv) your User Content. You agree to cooperate as fully as reasonably required in the defense of any claim. Nar Gourmet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Indemnitees. 

10. Disclaimers. Nar Gourmet is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract or strict liability) arising out of or related to any User Content, or to any act or omission by by Nar Gourmet or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Nar Gourmet.

Nar Gourmet assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any User Content. Nar Gourmet is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or to any person's computer related to or resulting from participation on or through the Site. 

THE SITE, ITS CONTENT, THE PRODUCTS SOLD THROUGH THE SITE AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND "AS IS" BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAR GOURMET DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

SPECIFICALLY, BUT WITHOUT LIMITATION, NAR GOURMET DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NAR GOURMET DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL.

11. Limitation of Liability. IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR PRODUCTS THROUGH THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, ANY PRODUCT PURCHASED THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE OR STORED OR MAINTAINED BY NAR GOURMET, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF NAR GOURMET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  

IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR PRODUCTS THROUGH THIS SITE BE LIABLE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, INCLUDING ANY PURCHASES MADE THROUGH THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NAR GOURMET IN CONNECTION WITH THE APPLICABLE SERVICE OR PRODUCT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL NAR GOURMET, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF NAR GOURMET. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

12. International Use. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

13. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination. 

14. Copyright Infringement; Notice and Take Down Procedures. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (c) provide information sufficient to contact the copyright owner directly: name, street address, telephone number and email if available,  (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent, Nar Gourmet, customerservice@nargourmet.com

15. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to customerservice@nargourmet.com. You may also contact us by writing to Nar Gourmet, 349 5th Avenue, Suite#617, New York, NY 10016 or by calling us at (917) 336 0818. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and Nar Gourmet or its parent, subsidiaries, divisions or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in New York City, NY.  You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Nar Gourmet, its parent, subsidiaries, divisions or affiliates or their respective officers, directors, employees, agents or successors under or related to these Terms of Use. We shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE UNLESS THE RECOVERY IS THE RESULT OF A FRIVOLOUS ACTION.

ANY CLAIM OR CAUSE OF ACTION YOU HAVE WITH RESPECT TO USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. 

17. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Nar Gourmet with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Nar Gourmet with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Nar Gourmet to act with respect to a breach by you or others does not waive Nar Gourmet's right to act with respect to subsequent or similar breaches. Nar Gourmet's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nar Gourmet without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. 

Contact:

Nar Gourmet Inc.

349 5th Avenue

Suite#617

New York, NY 10016

 

Last Updated and Effective as of: June 20, 2014

© 2014 Nar Gourmet Inc. All rights reserved.