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Terms & Conditions


Terms of Use: NUMI 


Welcome to our online store!  In using this website you are deemed to have read and agreed to the following terms and conditions: 


This website is owned operated by Numi, Inc. (“NUMI”) (formerly “Nudy Patooty”). This document governs your relationship with Numi, Inc. and www.wearnumi.ca (“Website”).  Access to and use of this Website and the products and services available through this Website (“Collectively, the “Use”) are subject to the following terms, conditions, and notices (the “Terms of Use”).

Please carefully read our Terms of Use (hereinafter referred to as this “Agreement” and/or the “Terms of Use”) before using our Website. By accessing this site and using the services offered on this site, you agree to be bound by these Terms of Use. The Terms of Use may be amended from time to time without specific notice to you. Please check the date of the Terms of Use and review any changes since the last version. It is your responsibility to remain updated on our Terms of Use and as such, if you do not agree to these Terms of Use, please do not use the Website or any of the services provided on the Website. 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Terms of Use without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.


Products, Orders, Prohibition on Reselling, and Price

The information on this Website does not constitute a binding offer to sell the products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. If for any reason your order is cancelled and your credit card has already been charged for the purchase, we will issue a credit to your credit card account. You may not purchase any item from this Website for resale by you or any other person, and you may not resell any item purchased from this Website. The prices displayed on the Website are quoted in USD dollars. 

These products may have limited quantities and are subject to exchange only through the Website according to the applicable return policy, which can be found at https://wearnumi.ca/pages/returns-exchanges. We have made every effort to display as accurately as possible the qualities of our product, including fabric qualities and colors of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color or fabric will be accurate.


Return/Exchange Policy

Please refer to our Returns & Exchange page for more details on our return policy.


Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website. 
 
Use of Material on the Site

All content on this Website (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by NUMI and/or its content providers and is protected by copyright, trademark and other applicable laws and treaties around the world. The Website and its contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Website or any of its contents. Unless otherwise specified, the Website and its contents are intended to promote our products and services available in Canada and the U.S.

NUMI grants you a limited license to access and make personal use of this Website and not to download (other than caching) or modify it, or any portion of it, except with express written consent of NUMI.  This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NUMI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NUMI and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing NUMI’s name or trademarks without the express written consent of NUMI. Any unauthorized use terminates the permission or license granted by NUMI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NUMI so long as the link does not portray NUMI, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NUMI logo or other proprietary graphic or trademark as part of the link without express written permission.


Trademarks and Copyrights

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of NUMI or its licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by NUMI and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of NUMI and/or their content providers, or other third parties and are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s express prior written permission.

All content included on this Website, such as text, graphics, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NUMI or its content suppliers and protected by international copyright laws. The compilation of all content on this Website is the exclusive property of NUMI, with copyright authorship for this collection by NUMI and protected by international copyright laws.



User Comments Feedback and Other Submissions

If you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that NUMI may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to NUMI. NUMI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. NUMI has the right but not the obligation to monitor and edit or remove any Comments. 

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead NUMI or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. NUMI takes no responsibility and assumes no liability for any Comments posted by your or any third party. 


Personal Information

Please review our Privacy Policy, which governs the use of your personal and identifying information on our Website. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.


Disclaimers
 
Your use of this Website is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. NUMI expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Website are non-infringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the Website or the server that makes the site available will be virus-free, or that information on the Website will be complete, accurate or timely. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from NUMI or through or from the site shall create any warranty of any kind. NUMI does not make any warranties or representations regarding the use of the materials on this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
 
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

 

Copyright Complaints

NUMI respects the intellectual property of others. It is our policy to respond immediately to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under appropriate intellectual property laws such as the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 

Notifying NUMI of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “NUMI IPR Infringement.” At info@nudypatooty.com. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. 

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.


Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk and that the Website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither NUMI nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Website, or any other site you access through a link from this Website or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the Website or for any information, products, or services advertised in or obtained through the Website. NUMI's removal or deletion of any materials submitted or posted on its site or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if NUMI, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage. Your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither NUMI nor its suppliers shall be liable for any defamatory, offense or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with NUMI is to discontinue your use of the site. You and NUMI agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.


Indemnification
 
You agree to indemnify, defend and hold harmless NUMI and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. NUMI reserves the right, at its own expense, to assume exclusive defense and control of any NUMI in the defense of such matter.

Jurisdiction and Applicable Law


Our Terms of Use shall be treated as though it were executed and performed in city and state of New York, and shall be governed by and construed in accordance with the laws of state or federal courts sitting in city and state of New York, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Terms of Use, our Terms of Use shall take precedence. Our failure to enforce any provision of our Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of NUMI under our Terms of Use shall survive the termination of our Terms of Use.


Entire Agreement and Admissibility

This Agreement and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and NUMI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 
Severability

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in place. 


Questions about Terms of Use

If you have any questions about our Terms of Use please contact us at customercare@wearnumi.com.


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