Terms of Service — Northbaq

OVERVIEW

This website is operated by Northbaq. Throughout the site, the terms “we”, “us” and “our” refer to Northbaq. Northbaq offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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 policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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 any posted changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, 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 and you have given us your consent to allow any of your minor dependents to use this site.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 our express written permission.
Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon or used as the sole basis for decisions without consulting more accurate, complete, or timely sources. Any reliance on material on this site is at your own risk.
This site may contain certain historical information, which is not current and is provided for reference only. We reserve the right to modify contents at any time, but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.

SECTION 4 – 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.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These 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; we cannot guarantee that your monitor’s display of any color will be accurate.
We reserve the right—but are not obligated—to limit sales of our products or Services to any person, geographic region or jurisdiction, case-by-case. We may limit quantities. All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided at the time the order was made. We also 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. You agree to promptly update your account and other information (including email address and credit card numbers and expiration dates) so we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control or input. 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 endorsement. We shall have no liability 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; ensure you are familiar with and approve of the terms provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website (including new tools and resources). Such new features/services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.
Third-party links may direct you to websites 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 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 purchases or use of goods, services, resources, content, or any transactions made in connection with third-party websites. Please review third-party policies and practices carefully.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (e.g., contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation; or (3) to respond.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party and will not contain unlawful, abusive or obscene material, or malware. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (see: https://northbaq.com/pages/privacy-policy).

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct 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 pricing information, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations, rules, laws, or ordinances; to infringe upon our or others’ intellectual property rights; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with security features of the Service or related websites. We reserve the right to terminate your use for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered through it are (except as expressly stated) provided “as is” and “as available,” without any warranties, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Northbaq, 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 lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use 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.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Northbaq and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms 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 severed; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail (or we suspect you have failed) to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; we may also deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany (without regard to conflict of law principles).
If your legal entity is registered elsewhere, replace “Germany” accordingly.

SECTION 19 – CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following posting of any changes constitutes acceptance of those changes.

SECTION 20 – SMS MARKETING

By opting in, you agree to receive recurring automated promotional and personalized marketing text (SMS/MMS) messages (e.g., cart reminders) from Northbaq at the mobile telephone number you provided. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Supported carriers and availability may vary by region. Delivery is not guaranteed.

You also agree to our Northbaq Terms of Use and Northbaq Privacy Policy.

• Cancel: Text STOP, CANCEL, or UNSUBSCRIBE to our number to cancel. You will receive a confirmation message. Requests that don’t include these keywords may not be recognized.

• Help: Text HELP to our number to receive customer care contact information.

For assistance, visit https://northbaq.com/pages/contact (insert your actual contact page) or email support@northbaq.com.

Note: If your SMS vendor requires specific legal language or links (e.g., dedicated Messaging Terms and Messaging Privacy Policy), insert those links here.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@northbaq.com.
Northbaq — USA, NM - Albuqurque